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.

Ex Input:
any evidence that Qualex’s action had any reason to perceive plaintiff as being disabled, any claim that the withdrawal of the offer of employment was motivated by such a perception is purely speculative. As such, plaintiffs claim that defendant Qualex violated the ADA by withdrawing its offer of employment fails as a matter of law. See Hoffman at 1 (“Unsupported speculation does not satisfy a party’s burden to produce some evidence in resisting a summary judgment motion.”). B. The Drug-free Workplace policy. Plaintiffs second claim is that the “Drug-free Workplace” policy maintained by defendant Qualex is a blanket exclusionary policy, leaving no allowance for the legal use of controlled substances. See Rowles v. Automated Production Systems, Inc., 92 F.Supp.2d 424, 430 (M.D.Pa.2000) (<HOLDING>). Plaintiff further argues that defendant 
 Holding statements: (A) holding that employers drug policy violated the ada to the extent that it prohibits the use of all legally prescribed controlled substances without a determination that such prohibition is jobrelated and consistent with business necessity (B) holding highest and best use is to be considered to the full extent that the prospect of demand for such use affects the market value (C) holding that the 60day rule under the wisconsin controlled substances act is mandatory and that failure to set the hearing within that period deprived the trial court of jurisdiction (D) holding that the ada exceeds the  5 power  at least to the extent it extends beyond remedies for irrational discrimination (E) recognizing that the sentence imposed should be consistent with the protection of the public

Ex Output:
(A)


Ex Input:
at 1459-60 (references to subsidiary as “division” of Kodak not equivalent to evidence that two companies operated as “single economic entity”); Akzona, 607 F.Supp. at 238 (language of annual report and employee testimony describing subsidiaries as divisions of parent not sufficient, even in conjunction with other evidence, to establish alter ego relationship). ... In a case presenting similar questions, the Ninth Circuit found no alter ego relationship was created where the parent company guaranteed loans for the subsidiary, reviewed and approved major decisions, placed several of its directors on the subsidiary’s board, and was closely involved in the subsidiary’s pricing decisions. Kramer Motors, Inc. v. British Leyland, Ltd., 628 F.2d 1175, 1177 (9th Cir.1980).... Id. at 927-928 (<HOLDING>). Here, plaintiffs proffer evidence that CNOFG 
 Holding statements: (A) holding that the general corporate laws are incorporated into the corporate charter (B) holding that to establish that subsidiary is agent of parent for jurisdictional purposes the parent must exert control that is so pervasive and continual that the subsidiary may be considered an agent or instrumentality of the parent notwithstanding the maintenance of corporate formalities (C) holding that because the corporate parent and subsidiary defendants before it observed all of the corporate formalities necessary to maintain corporate separateness notwithstanding the parents active involvement in the subsidiaries operations the evidence did not establish that the entities were alter egos of one another (D) holding constitutional due process requires that personal jurisdiction cannot be premised on corporate affiliation or stock ownership alone where corporate formalities are substantially observed and the parent does not exercise an usually high degree of control over the subsidiary (E) holding that under north carolina law a corporate parent cannot be held liable for the acts of its subsidiary unless the corporate structure is a sham

Ex Output:
(C)


Ex Input:
of the offense.” Nothing prevented the jury from considering any circumstances of the offense as mitigation. 4. Victim Impact Statement ¶ 125 The trial court instructed the jury it could consider Gina’s victim impact statement “to the extent that it rebuts mitigation.” Forde asserts that the instruction was erroneous because Gina’s statement did not rebut any mitigation evidence, and the instruction therefore permitted the jury to consider the statement as an improper non-statutory aggravator. Because Forde did not object to this instruction, we review for fundamental error. ¶ 126 Victim impact evidence “rebuts” mitigation by informing the sentencer about the specific harm caused by the defendant. Cf Payne v. Tennessee, 501 U.S. 808, 825, 111 S.Ct. 2597, 115 L.Ed.2d 720 (1991) (<HOLDING>) (citation and internal quotation marks 
 Holding statements: (A) holding the harmed victim need not be the victim of the offense of conviction (B) holding that victim impact evidence properly reminds the sentencer that just as the murderer should be considered as an individual so too the victim is an individual whose death represents a unique loss to society and in particular to his family (C) holding that the death of a victim may not be considered an aggravating factor in a homicide sentencing (D) holding that the victim impact and victim vulnerability aggravators were not overbroad and explaining that though the concepts of victim impact and victim vulnerability may well be relevant in every case evidence of victim vulnerability and victim impact in a particular case is inherently individualized (E) holding statute requiring that murderer be deemed to have predeceased victim thereby entitling victim to all joint tenancy property was not an unconstitutional forfeiture

Ex Output:

(B)