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. 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.
PROBLEM: was safe to operate, afforded discretion to the FAA to “make its own findings” whether the submitted documentation satisfied that requirement. Id. Likewise, as the district court noted, 49 C.F.R. § 385.17(f) is not a “check list.” J.A. at 105. It leaves it to the FMCSA to determine whether a carrier’s submission provides evidence that corrective action has been taken, and whether the agency has the resources to reach a final decision within 45 days. Such decisions, which relate to a regulatory agency’s “implementation of a mechanism for compliance review” and necessarily require “balancing the objectives sought to be obtained against such practical considerations as staffing and funding,” constitute discretionary functions themselves. Varig Airlines, 467 U.S. at 819-20, 104 S.Ct. 2755 (<HOLDING>). Discretion thus suffuses 49 C.F.R. § 
 Holding statements: (A) recognizing a discretionary function exception to that waiver (B) holding that the faas alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spotcheck program involved calculated risks but fell squarely within the discretionary function exception (C) holding that actions against the faa for its alleged negligence in certificating aircraft for use in commercial aviation are barred by the discretionary function exception of the federal tort claims act id at 821 104 sct 2755 because the faas decisions as to the manner of enforcing regulations is plainly a discretionary activity id at 819 21 104 sct 2755 (D) holding that the faas application of a spotcheck system to a particular aircraft was a discretionary function (E) holding that the discretionary function exception may apply in the absence of a conscious decision 

SOLUTION: recognizing a discretionary function exception to that waiver

PROBLEM: the information provided in the Unplanned Deviation Reports and investigation reports was an accurate depiction of the incidents occurred, and Acevedo has not shown otherwise. Lastly, this Court notes that Ceinos rated Acevedo in 2005 as “Fully Met Expectations,” which evinces a lack of animus towards Acevedo, insofar as he was accorded positive review by Ceinos despite previous performance issues. In essence, Plaintiffs ask us to excuse Acevedo’s performance by replacing Ceinos’ business judgment with his own absent proof that his employer’s findings were inaccurate or misleading, which is an untenable position in light of the applicable case law. Velazquez-Fernandez v. NCE Foods, Inc., 476 F.3d 6, 12 (1st Cir.2007) (citing Webber v. Int’l Paper Co., 417 F.3d 229, 238 (1st Cir.2005)) (<HOLDING>). Ex-Lax’s hiring practices, disciplinary 
 Holding statements: (A) holding that where the employment of the injured employees was the occasion of the injury the injuries arose out of employment (B) holding that an employees opinion of the efficacy of an employment decision standing alone cannot supplant the employers business judgment (C) holding that employers have standing to sue (D) holding employer cannot lawfully make the signing of an employment agreement which contains an unenforceable covenant not to compete a condition of continued employment an employers termination of an employee who refuses to sign such an agreement constitutes a wrongful termination in violation of public policy (E) holding that an employers sponsorship of an employees 01 visa does not establish an employment contract for a definite term

SOLUTION: holding that where the employment of the injured employees was the occasion of the injury the injuries arose out of employment

PROBLEM: and onto her abdomen onee she submarined. He further indicated that Amanda’s pelvic and leg injuries were caused by- her knees impacting the vehicle’s dash panel. Mr. Lewis concluded that had Amanda not submarined and her seat not collapsed, she would not have sustained these injuries. Additional Evidence Amanda also introduced portions of Nissan’s pre-trial discovery responses wherein Nissan admitted to disposing of its developmental test reports including any reports concerning crashworthiness, front passenger seatbelt spool-out, submarining, and the effectiveness of the Pathfinder’s seatbelt systems. Mr. Whitman explained in detail why he believed that Nissan’s record retention policy was a bad of our sister states. E.g., Stone Man v. Green, 263 Ga. 470, 435 S.E.2d 205, 206 (1993) (<HOLDING>). The undisputed evidence demonstrates that 
 Holding statements: (A) holding that punitive damages are as a general rule improper where a defendant has adhered to environmental and safety regulations (B) holding tcpa is remedial statute and that statutory damages are not punitive damages (C) holding that punitive damages are not allowed under the flsa (D) holding a court may not award punitive damages (E) holding that punitive damages are not fines

SOLUTION:
holding tcpa is remedial statute and that statutory damages are not punitive damages