In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

. . . there was a causal connection between the protected activity and the adverse employment decision[s].” Murray v. St. Michael’s Coll., 164 Vt. 205, 210, 667 A.2d 294, 299 (1995). In Burlington Northern, the Supreme Court held that a plaintiff bringing a retaliation claim under Title VII need show only that “a reasonable employee [in the employee’s situation] would have found the challenged action materially adverse,” meaning that it well might have dissuaded a reasonable employee from engaging in the protected activity. 548 U.S. at 68. ¶ 34. Assuming, without deciding, that this is the standard to apply with respect to retaliation claims brought under 21 V.S.A. § 710(b), we conclude that the limited video surveillance in this case in connectio v., 37 F.3d 1146, 1150 (5th Cir. 1994) (<HOLDING>). ¶ 35. But in this case, if the release 
 Holding statements: (A) holding that the former wife did not waive her attorneyclient privilege simply because the credibility of her claim that she relied on her husbands representations could be impeached by deposing her former attorney (B) holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment (C) holding that because a claimant testified that she had no insurance and could not afford treatment her failure to take medication for her symptoms is not a clear and convincing reason for discrediting her symptom testimony (D) holding that a teachers complaint to school authorities that her principal had instructed her to make improper changes in her own students grades was unprotected because it was made pursuant to her official duties (E) holding that the employee was acting within the course of her employment when she died while returning from the workrelated session because her death occurred on a public highway which was brought within the scope of her employment by her employers requirement that she attend training at the state police academy
(B)

constitutionally obstruct despite the provision of counsel. Indeed, in Benjamin v. Fraser, when considering impediments to pre-trial detainees’ ability to visit with counsel, we recognized that a state could not “ ‘unjustifiably obstruct the availability of professional representation or other aspects of the right of access to the courts.’ ” Benjamin 264 F.3d at 187, 188 (emphasis added) (quoting Procunier v. Martinez, 416 U.S. 396, 419, 94 S.Ct. 1800, 40 L.Ed.2d 224 (1974) and determining that “both the due process right of access to the courts and the Sixth Amendment right to counsel are implicated,” and that there was no error in measures ordered to remedy undue delays associated with attorney visits). See also Lane v. Brown, 372 U.S. 477, 480-81, 83 S.Ct. 768, 9 L.Ed.2d 892 (1963) (<HOLDING>). Nor can I agree with the majority’s holding 
 Holding statements: (A) holding same for writ of error coram nobis (B) holding that rule 4as time limits govern an appeal from a district court order granting or denying a petition for a writ of error coram nobis (C) holding that the state could not deny an indigent criminal appellant a transcript to appeal pro se from the denial of a writ of error coram nobis or permit that the appellant at the will of the public defender be entirely cut off from any appeal at all (D) holding that federal court may not issue writ of coram nobis for state prisoner (E) holding that in the absence of a valid excuse for delay a coram nobis petition is subject to denial
(C)

This Court has recognized that “courts will not hold conduct to constitute a nuisance where authority therefor exists by virtue of legislative enactment.” Smith v. Tenn. Valley Auth., 436 F.Supp. 151, 154 (E.D.Tenn.1977); accord N.C. ex rel. Cooper v. Tenn. Valley Auth., 615 F.3d 291, 309-10 (4th Cir.2010) (operation of TVA power plants under permits required by Congress and the EPA cannot be deemed a public nuisance). Here, the TVA Act authorizes TVA to acquire and construct transmission lines and distribute electric power, and affords TVA those powers that may be necessary or appropriate to exercise that right. See 16 U.S.C. §§ 831c(g)-(j), 831d(i); see also 16 U.S.C. § 831k, 831x. Thus, the conduct complained of in the complaint cannot constitute a public nuisance. Accord id. (<HOLDING>); Morris v. Tenn. Valley Auth., 345 F.Supp. 
 Holding statements: (A) holding that it is the legislative authority of the union that must  make an act a crime (B) holding ordinary and necessary concomitants to operating railroad terminal authorized by specific grant of legislative franchise not nuisance (C) holding that to negate coverage under an exclusion insurer must show that its construction is the only construction that could fairly be placed thereon (D) holding that substantive criminal statute could not be applied retrospectively because there was nothing  in the language or the legislative history that was a clear and unequivocal expression of legislative intent to rebut presumption of prospective application only (E) holding that the construction of a hydroelectric generating facility could not constitute a nuisance because it was being constructed under legislative authority

(E)