TASK DEFINITION: In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling
PROBLEM: id. at 143 n.612, j.a. 1192.

SOLUTION: non-overruling

PROBLEM: ""however, before projected earnings from other employment opportunities not sought or accepted by the discharged employee can be applied in mitigation, the employer must show that the other employment was comparable, or substantially similar, to that of which the employee has been deprived; the employee's rejection of or failure to seek other available employment of a different or inferior kind may not be resorted to in order to mitigate damages.

SOLUTION: non-overruling

PROBLEM: [20] thus, in the context of his due process challenge, davis was required to prove by a preponderance of the evidence that the suggestive out-of-court identification was orchestrated by ""improper state conduct.""

SOLUTION:
non-overruling