TASK DEFINITION: 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.
PROBLEM: such equitable relief as may be appropriate. 29 U.S.C. § 2617(a)(1). A. Serious Health Condition Wells Fargo first argues that Vincent did not suffer a “serious health condition” as that term is defined by the FMLA. The parties agree that the Court should examine the regulations implementing the FMLA in order to determine whether Vincent suffered from a serious health condition. The parties disagree, however, as to whether the interim regulations or the final regulations, which became effective on April 6, 1995, should be used by the Court in arriving at its determination. The Court finds that the interim regulations which were in effect in January of 1995, the time of Vincent’s termination, govern this action. See Gay v. Gilman Paper Company, 125 F.3d 1432, 1434 n. 4 (11th Cir.1997) (<HOLDING>). Having resolved the dispute as to which set 
 Holding statements: (A) holding that agency regulations cannot be applied retroactively unless congress has so authorized the administrative agency and the language of the regulations require it (B) holding that as the court has made clear in several recent decisions a claim that the application of government regulations effects a taking of a property interest is not ripe until the government entity charged with implementing the regulations has reached a final decision regarding the application of the regulations to the property at issue (C) holding that the interim regulations governed a dispute in which the serious health condition and subsequent termination occurred prior to april 6 1995 the effective date of the final regulations (D) holding that iiriras effective date is april 1 1997 (E) holding that habeas petitions challenging judgments of conviction that became final before the effective date of the aedpa are not time barred if filed within one year from aedpas effective date april 241996

SOLUTION: (C)

PROBLEM: Third, the Kimmell court did not actually address whether future projections were actionable, but merely assumed that they were based on the procedural posture of the case and the issues addressed on appeal. Id. Finally, the Second Circuit noted that, “although the Appellate Division in Kimmell [implicitly] found that future prediction/projeetions could qualify as the basis for a negligent misrepresentation claim ..., that finding is contrary to the great weight of authority.” Id. The Court agrees with the Second Circuit’s analysis. The inquiry does not depend on whether the omission itself relates to a past or present fact. Instead, the relevant inquiry is whether the failure to disclose renders an existing statement of fact false or misleading. Cf. Metropolitan, 532 F.Supp.2d at 1290 (<HOLDING>). If this were not the case, almost any 
 Holding statements: (A) recognizing the cause of action (B) holding that an omission claim could not be maintained where plaintiff did not point to previous statements that were misleading without further disclosures (C) holding that a duty to disclose arises whenever secret information renders prior public statements materially misleading (D) holding analysts statements insufficient to satisfy particularity requirements because plaintiffs failed to identify with specificity the statements made by a particular defendant or describe how those statements were false or misleading (E) holding that a cause of action based on an omission requires the plaintiff to show how an alleged omitted fact negates the truth of or renders misleading the statements actually made

SOLUTION: (E)

PROBLEM: environment, a university may, as debt collection tactic, refuse to provide a transcript upon request, is not necessarily grounds for relief from the automatic stay as a matter of law. Rather, under the Hernandez approach, the determination whether relief from stay in favor of the university is appropriate is, like other contested matters under § 362(d), a fact-driven decision left largely to the discretion of the bankruptcy court. See generally In re Porter, 371 B.R. 739, 744-45 (Bankr.E.D.Pa.2007) (citing In re Wilson, 116 F.3d 87, 89 (3d Cir.1997); Matter of Holtkamp, 669 F.2d 505 (7th Cir.1982); In re Shariyf, 68 B.R. 604 (E.D.Pa.1986)). 29 . In chapter 13 cases, query whether this factor implicates 11 U.S.C. § 1322(a)(3). Compare In re Mason, 300 B.R. 379 (Bankr.D.Kan.2003) (<HOLDING>); In re Bentley, 266 B.R. 229 (1st Cir. BAP 
 Holding statements: (A) holding that priority claims can be paid concurrently with other creditors over the life of a chapter 13 plan (B) holding that the fresh start was a legitimate interest to discriminate in a plan whereby the debtor proposed to pay the student loan in full while paying 15 of the other unsecured claims (C) holding that because creditors claim was unsecured after application of section 506a and because section 1325a5 does not apply to unsecured claims creditors lien could properly be avoided (D) holding that a 56month chapter 13 plan that proposed to pay 17 of the anticipated dividend to student loan creditors while making no distribution to other unsecured creditors unfairly discriminates and could not be confirmed (E) holding that plan proposing and payment of nondischargeable student loan in full outside plan according to its terms for 54 months and 79 payment to unsecured creditors over 36 months did not discriminate unfairly among unsecured class

SOLUTION:
(D)