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.

Example Input: of benefits in 1989 established a "pattern” of benefit increases such that the Plan's later rescission of the 1999 Benefits Increase, which was adopted ten years after the 1989 increase, violated the anti-cutback rule. We find this argument to be without merit as a matter of law. 18 . Thornton also alleges that the Board breached its fiduciary duty by favoring one class of Plan participants over another class, specifically by eliminating the 1999 Benefits Increase for pre-February 1, 1999 retirees while maintaining it for Plan participants retiring on or after that date. Thornton waived this argument on appeal, however, by waiting until his reply brief to address the issue, rather than raising it first in his opening brief. United States v. Perkins, 994 F.2d 1184, 1191 (6th Cir.1993) (<HOLDING>). 19 . 29 U.S.C. § 1132(a) states in relevant 
 Holding statements: (A) holding that arguments raised for the first time in a reply brief are forfeited (B) holding that an argument raised for the first time in a reply brief is waived (C) holding that issue raised for the first time in reply brief was waived (D) holding issues raised for the first time in a reply brief are not properly before this court (E) holding that issues not raised before the district court cannot be raised for the first time before this court
Example Output: holding that arguments raised for the first time in a reply brief are forfeited

Example Input: the harassment,” Murray, 57 F.3d at 250. As the Second Circuit has recognized, “not every response to a complaint should take the form of discharge;” even a mere written warning can be an appropriate response if it conveys the message that further harassment will not be tolerated. Kotcher, 957 F.2d at 63; see also Torres, 116 F.3d at 639 (“[R]esolution will vary from case to case.”). By far the best evidence that Metro-North’s response was effective is that plaintiff has not been sexually harassed by Chapman or any other Metro-North employee since meeting with Ms. Gormley-O’Connor, see Wahlstrom Dep. at 30, 248, nor has Chapman been accused of accosting any other employees since returning from his suspension, see Chapman Dep. at 64, 279; Sinigiani Dep. at 49; cf. Murray, 57 F.3d at 251 (<HOLDING>). Therefore, while factual issues exist as to 
 Holding statements: (A) holding that eeoc charge filed by plaintiff more than 180 days after alleged incident of sexual harassment was timely where alleged sexual harassment violation continued as hostile work environment through time of plaintiffs termination (B) holding that where the plaintiffs allegations concerning a hostile work environment consist of facts that occurred more than one year before the filing of the complaint such a claim is timebarred (C) holding that allegations of failure to remedy a hostile work environment provided no basis for relief where the evidence demonstrated that the harassment had ended by the time plaintiffs complaint was filed (D) holding that the allegations of plaintiffs coemployees of sexual harassment by manager were irrelevant to plaintiffs hostile work environment claim absent evidence that plaintiff was contemporaneously aware of the alleged harassment (E) holding that a charge that alleged discrimination on the basis of sex did not support a complaint for hostile environment sexual harassment
Example Output: holding that eeoc charge filed by plaintiff more than 180 days after alleged incident of sexual harassment was timely where alleged sexual harassment violation continued as hostile work environment through time of plaintiffs termination

Example Input: 77, 566 N.W.2d 229 (1997), and Hoffman v. Spartan Stores, Inc., 197 Mich.App. 289, 494 N.W.2d 811 (1992)).) Petitioner contends that the denial of a new trial violated his Sixth Amendment right to a trial by an impartial jury. The claim is without merit. The Supreme Court long has recognized the common-law rule prohibiting the admission of juror testimony to impeach a jury verdict. See Tanner v. United States, 483 U.S. 107, 117-18, 107 S.Ct. 2739, 97 L.Ed.2d 90 (1987) (citing history beginning in 1785). The Court has acknowledged, however, that certain kinds of external influences on the jury may implicate the guarantee of a fair trial by an impartial jury. See Tanner, 483 U.S. at 117-18, 126-27, 107 S.Ct. 2739; Turner v. Louisiana, 379 U.S. 466, 85 S.Ct. 546, 13 L.Ed.2d 424 (1965) (<HOLDING>); Remmer v. United States, 347 U.S. 227, 230, 
 Holding statements: (A) holding jury trial waiver valid despite defendants argument that district court failed to clearly distinguish between jury trial bench trial and the use of stipulated facts (B) holding that the sixth amendments guarantee of a trial by jury requires the jury to base its verdict only on the evidence presented at trial (C) recognizing the right to waive a jury trial (D) holding that a trial judge cannot usurp the function of the jury as triers of fact if the amount awarded by their verdict is supported by sufficient evidence and is reached by a fair and impartial jury (E) holding that the regular association during trial between the jury and two deputy sheriffs who testified at trial undermined the defendants right to a fair trial by an impartial jury
Example Output:
holding jury trial waiver valid despite defendants argument that district court failed to clearly distinguish between jury trial bench trial and the use of stipulated facts