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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: hold that a court of appeals may not award a new trial on the basis of an erroneous eviden-tiary decision” in the absence of a post-verdict motion. Fuesting v. Zimmer, Inc., 448 F.3d 936, 939 (7th Cir.2006). Likewise, in Metcalf v. Bochco, 200 Fed.Appx. 635, 637 n. 1 (9th Cir.2006), the Ninth Circuit stated that Unitheim "deals with the specific situation of a party’s failure to renew, post-verdict, a Rule 50 motion challenging the sufficiency of the evidence in a civil jury trial” and reasoned that "Unitherm is inapposite” to Metcalf's case because the appellants did not "challenge the sufficiency of the evidence on appeal.” 3 . Our circuit has repeatedly accepted such claims of retaliation for taking FMLA leave. See, e.g., Arban v. West Publ’g Corp., 345 F.3d 390, 403 (6th Cir.2003) (<HOLDING>); Wysong v. Dow Chemical Co., 503 F.3d 441, 
 Holding statements: (A) holding that employers oral denial of plaintiffs request for fmla leave showed interference (B) holding that  825220c is a reasonable interpretation of the statutes prohibition on interference with and restraint of employees rights under the fmla  2615a1  and that the labor departments conclusion that employer use of the taking of fmla leave as a negative factor in employment actions  violates  the act is  a reasonable one (C) holding that an employee who did not present evidence that she could have returned to work prior to the expiration of her fmla leave allowance was not entitled to additional leave merely because her employer had not properly provided her with notice that the leave was designated as fmla leave (D) holding that there was sufficient evidence to support the jurys conclusion that west retaliated against arban for taking leave under the fmla (E) holding that employee who exceeded fmla leave was subject to immediate discharge on the very first workday that he was both absent from work and no longer protected by the fmla

Answer: holding that employers oral denial of plaintiffs request for fmla leave showed interference


Question: N.E.2d 968, 973 (Ind.1999). However, when the landowner is a lessor and the lessee is in operational control of the premises, such duty rarely exists. “[A] landlord under many circumstances has no liability to tenants or others for injuries on the property when the tenant is in full control of the leased premises.” Dutchmen Mfg., Inc. v. Reynolds, 849 N.E.2d 516, 525 (Ind.2006). “[I]n the absence of statute, covenant, fraud or concealment, a landlord who gives a tenant full control and possession of the leased property will not be liable for personal injuries sustained by the tenant or other persons lawfully' upon the leased property.” Olds v. Noel, 857 N.E.2d 1041, 1044 (Ind.Ct.App.2006) (citation omitted), tram, not' sought; cf. Rossow v. Jones, 404 N.E.2d 12, 14 (Ind.Ct.App.1980) (<HOLDING>), trans. not sought. Yost v. Wabash College, 3 
 Holding statements: (A) holding over (B) holding that captain has reasonable expectation of privacy in all areas of his ship (C) holding that defendants had no reasonable expectation of privacy in the common areas of an apartment building (D) holding that a landlord has a duty of reasonable care over common areas or other areas over which the landlord has retained control (E) holding that a landlord may have a duty to exercise reasonable care for the safety of its tenants in common areas

Answer: holding over


Question: documents to defeat the defendant’s motion for summary judgment); Barker v. Norman, 651 F.2d at 1123; and Gordon v. Watson, 622 F.2d at 123. 62 . See Wallace v. Texas Tech University, 80 F.3d at 1047; Little v. Liquid Air Corp., 37 F.3d 1069, 1075. (5th Cir.1994); King v. Dogan, 31 F.3d at 346; Dorsett v. Board of Trustees for State Colleges & Universities, 940 F.2d 121, 123 (5th Cir.1991); and Gordon v. Watson, 622 F.2d at 123. The filing of an unverified amended complaint renders a verified original complaint a nullity unless the amended complaint specifically refers to and adopts or incorporates by reference the earlier pleadings. King v. Dogan, 31 F.3d at 346; and Boelens v. Redman Homes, Inc., 759 F.2d 504, 508 (5th Cir.1985). 63 . See King v. Dogan, 31 F.3d at 346, (<HOLDING>); Salas v. Carpenter, 980 F.2d at 304-05, and 
 Holding statements: (A) holding that a trial court can only consider admissible evidence in ruling on a motion for summary judgment (B) holding that a verified complaint can be considered as summary judgment evidence only to the extent that it comports with the requirements of rule 56e (C) holding that a verified complaint is treated as an affidavit for summary judgment purposes and considered in determining whether material issues of fact exist (D) holding that rule 56e requires that summary judgment affidavits be based upon personal knowledge contain admissible evidence and affirmatively demonstrate the competency of the affiant to testify as to the matters contained therein (E) holding that facts were not disputed because nonmovant failed to contest them with specific sworn evidence as required under rule 56e

Answer:
holding that a trial court can only consider admissible evidence in ruling on a motion for summary judgment