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.
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Question: on the foregoing, we conclude that Layman’s and Sparks’ sentences are inappropriate. Like Quiroz, ten years of Layman’s sentence should be suspended to probation and five years of Sparks’ sentence should be suspended to probation. IV. Sufficiency of the Evidence Lastly, Sparks argues that there is insufficient evidence to support his felony murder conviction because he did not enter the house. However, Sparks, whose cursory argument is less than a page long, cites no cases in support of his claim. Sparks has therefore waived this issue on appeal. See Indiana Appellate Rule 46(A)(8)(a) (stating that each argument must be supported by citations to authorities, statutes, and the appendix or parts of the record on appeal relied on); Smith v. State, 822 N.E.2d 193, 202-03 (Ind.Ct.App.2005) (<HOLDING>), trans. denied. Waiver notwithstanding, we 
 Holding statements: (A) holding that when an appellant fails to offer an argument on an issue that issue is abandoned (B) holding that a claim is waived on appeal when not supported by citation to relevant authority (C) holding that a party waives an argument if the party fails to elaborate or provide any citation of authority in support of the argument (D) holding when a party fails to provide arguments or supporting authority for his assertion the party is deemed to have abandoned the issue (E) holding that an issue is waived when a party fails to provide adequate citation to authority

Answer: (E)


Question: case commences from the time the discriminatory conduct causes economic injury and ends upon the date of the judgment. In other words, back pay accrues from the date of the commencement of the discriminatory course of conduct causing financial loss until the date damages are “settled.” Palasota, 499 F.3d at 483 (internal citations omitted); see also Quint v. A.E. Staley Mfg. Co., 172 F.3d 1, 15 (1st Cir.1999) (“A prevailing ADA claimant is presumptively entitled to all back pay which would have accrued from the termination date to the entry of judgment, provided it is made to appear that reasonable diligence was exercised in the effort to secure other suitable employment.” (internal quotations and citations omitted)); Sellers v. Delgado College, 781 F.2d 503, 505 (5th Cir.1986) (<HOLDING>). Back pay may be denied “only for reasons 
 Holding statements: (A) holding that an award of back pay under title vii remains an equitable remedy to be awarded by the district court in its discretion (B) holding that it was not an abuse of discretion to require a defendant to pay all back taxes (C) holding that back pay may be awarded to the date of judgment (D) holding that an award of back pay is an issue for the court (E) holding there was no jury trial right where court ordered reinstatement and back pay to teachers fired after desegregation order in discrimination case back pay is equitable

Answer: (C)


Question: at 267. More importantly, even if an offer of judgment to a plaintiff is comprehensive and undisputed, courts will not dismiss the case as moot if there is a pending motion for conditional certification and additional individuals have opted in the litigation. See, e.g., Velasquez, 842 F.Supp.2d at 488 (“In view of the facts that an opt-in plaintiff has been identified and a motion for conditional collective action certification has been made, the court holds that this matter is not moot.”) Rubery, 494 F.Supp.2d at 181 (denying defendant’s motion to dismiss as premature in light of plaintiffs pending motion for collective action certification and the joinder of putative class members); Bah v. Shoe Mania, Inc., No. 08 Civ. 9380(LTS)(AJP), 2009 WL 1357223, at *2 (S.D.N.Y. May 13, 2009) (<HOLDING>). In general, “courts are wary of attempts by 
 Holding statements: (A) holding that entry of settlement decree without notice to putative class members violated the due process rights of the class members (B) holding that even if the offer of judgment was undisputed the case could not be dismissed in light of plaintiffs pending motion for conditional certification including authorization to issue optin notice to putative class members  and the fact that one additional plaintiff had already joined the action (C) holding that the right of all putative members of a proposed class in an action filed pursuant to kansass class action rule of civil procedure to file a separate action is preserved pending the determination of whether the initial case shall be maintained as a class action (D) recognizing that in appropriate circumstances the court may limit the parties communications with putative class members prior to decision on conditional certification question in a  216b action (E) holding that putative class members are not parties to an action prior to class certification

Answer:
(B)