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.

arbitrators, Eventys argues, the circuit court could have assured that both parties would have an opportunity to make their arguments to that forum. Alternatively, Eventys maintains, the circuit court should have considered and expressly ruled upon Eventys’s arguments that the provision purporting to waive class action claims was unconscionable and unenforceable. Eventys further argues that, because the “terms and conditions” did not include a severability provision, the circuit court’s necessary determination that FDUTPA’s remedial purposes are frustrated by the class action waiver provision would then invalidate the entire arbitration provision. For this argument, Eventys relies principally on the analysis in S.D.S. Autos, Inc. v. Chrzanowski, 976 So.2d 600, 611 (Fla. 1st DCA 2007) (<HOLDING>), and a group of federal cases holding that the 
 Holding statements: (A) holding that contractual provisions in an arbitration agreement purporting to prohibit consumers from prosecuting class actions for small sums of money per consumer but for a substantial number of consumers are irreconcilably at odds with the remedial purposes of fdutpa contrary to the public policy of this state and unenforceable for that reason (B) holding that when an arbitration clause has provisions that defeat the remedial purpose of the statute  the arbitration clause is not enforceable and that the language insulating an employer from damages and equitable relief renders the clause unenforceable (C) holding that arbitration provisions that preclude class actions are not unconscionable (D) holding that an arbitration award involving the appellants challenge to the failure of the insurance company to ensure that he had read and understood a signed waiver and to attach the waiver to the insurance policy as contrary to public policy is not reviewable by the courts because there is no challenge to a provision or term of the policy the appellant never claimed that the waiver or policy language itself was contrary to the public policy of this commonwealth (E) holding that the restrictive covenants at issue are unenforceable as a matter of public policy
(A)

hostile work environment claims from the general Ricks rule because such claims “ ‘cannot be said to occur on any particular day,’ and instead usually involve a pattern of acts that aren’t ‘actionable on [their] own’ but give rise to a legal violation only when assessed in their totality.” Almond, 665 F.3d at 1178 (quoting Morgan, 536 U.S. at 115-16, 122 S.Ct. 2061). Here, the Court does not construe Plaintiffs pleadings to allege a hostile work environment claim. Even construing Plaintiffs pleadings liberally, his generic assertions that Defendant Beilis treated him in a hostile manner toward the end of his employment and sent him hostile emails fall far short of asserting a claim for age-based hostile work environment. See Phillips v. Moore, 164 F.Supp.2d 1245, 1254 (D.Kan.2001) (<HOLDING>). Thus, despite Plaintiffs averment that 
 Holding statements: (A) holding that supervisors routine vulgar references to plaintiff could not support a hostile work environment claim because plaintiff was unaware of the comments and to show that he or she perceived the environment as hostile a title vii plaintiff must at least have been aware of those comments (B) holding that the plaintiff failed to state an agebased hostile work environment claim where the plaintiffs proffered evidence was nothing more than a collection of unrelated and infrequent incidents of conduct by the defendants that the plaintiff subjectively construe as acts motived by agerelated animus and which was devoid of the agerelated comments or ridicule that are hallmarks of hostile work environment claims (C) holding that certain conduct was irrelevant to plaintiffs hostile work environment claim absent evidence that plaintiff was contemporaneously aware of it (D) recognizing a hostile work environment claim under section 1983 (E) holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive
(B)

not offer evidence that the defendant possessed commonly available materials—such as tape—if the defendant otherwise possesses all of the key components necessary to assemble a destructive device. See United States v. Simmons, 83 F.3d 686, 687 (4th Cir. 1996) (observing that possession of a'method of ignition, such as a match, is not typically required to find that the defendant possessed the components necessary to assemble a Molotov cocktail); United States v. Crocker, 260 Fed.Appx. 794, 797 (6th Cir. 2008) (“Although the government did not introduce evidence that the defendant possessed tape, this Court does not require showing possession of all commonly available materials when'determining whether- a destructive device could have been readily assembled.”); Langan, 263 F.3d at 626 (<HOLDING>). As Sheehan could be convicted of possessing a 
 Holding statements: (A) holding at summary judgment that the plaintiff had to show a reasonable jury could find the defendants allegedly anticompetitive conduct was a material cause of plaintiffs injury (B) holding that a reasonable trier of fact could find that the defendants acted with malice (C) holding that the defendant could not be convicted for possessing a combination of parts that could be readily assembled into a bomb where the defendant did not possess any explosive material a key element required for the creation of a bomb (D) holding that at the summary judgment stage there must be sufficient evidence on which the jury could find for the plaintiff (E) holding that a reasonable jury could find the device to be readily convertible into an explosive bomb where wires could be quickly stripped and recrimped to a pager that was part of the detonating mechanism

(E)