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. 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.
PROBLEM: that in December 1995, his wage was $8.67 per hour. Lewis stated that a Caucasian employee, who misrepresented his knowledge of desktop publishing, was hired at a rate of $9.00 per hour in his department. This employee ultimately was “[p]ushed out the door.” Supp.App. at 354. Lewis also stated that another Caucasian employee received a pay increase from $7.50 to $8.25 per hour after he went from part-time to full-time status, and that a third Caucasian employee told him that he received a raise after his father called the store manager. The District Court held that Lewis failed to establish a prima facie case of discrimination because he had not shown that the employees he identified were similarly situated to him. See Watson v. Eastman Kodak Co., 235 F.3d 851, 857-58 (3d Cir.2000) (<HOLDING>). Finally, on his wrongful termination claim, 
 Holding statements: (A) holding that caucasian employees who engaged in the same act as the plaintiff but it did not result in injury to others were not similarly situated (B) holding that a plaintiff who did not show that he was paid at a lower rate than similarly situated employees could not survive summary judgment (C) holding that plaintiff was not similarly situated to another employee who also engaged in protected activity for purposes of plaintiffs retaliation claim (D) holding that employees of differing seniority levels were not similarly situated (E) holding that employee who violated a different policy of the store than plaintiff was not similarly situated

SOLUTION: (B)

PROBLEM: not issue a permit to install” a waste disposal system unless that system “[m]eets all applicable county zoning and land use requirements .... ” Taken together, these provisions indicate a clear intent on the part of the General Assembly to locate environmental permitting with the MDE, and zoning with local government. There is no reasonable way to construe these provisions of the Maryland Code as doing anything other than complementing local government’s role in planning and zoning. If we held otherwise, we would be reading an over-broad preemptive intent into an otherwise clear statutory scheme. MRA’s preemption argument fails because it does not account for the dual nature of this process. See Ad + Soil, Inc. v. County Comm’rs of Queen Anne’s County, 307 Md. 307, 513 A.2d 893 (1986) (<HOLDING>). Preemption Based on Legislative Changes to 
 Holding statements: (A) holding that state court could regulate the practice of law in federal courts located in the state (B) holding that the relevant body of state law did indeed regulate many aspects of sewage sludge utilization but was not so comprehensive that the acceptance of the doctrine of preemption by occupation is compelled (C) holding that a party did not waive its preemption defense where its answer did not specifically mention preemption but contained a broader defense that was capable of encompassing preemption (D) recognizing that although there was no property in a dead body at common law  the one whose duty it is to care for the body of the deceased is entitled to possession of the body as it is when death comes and that it is an actionable wrong for another to interfere with that right by withholding the body or mutilating it in any way (E) recognizing that the artful pleading doctrine in practice is subsumed by the complete preemption doctrine

SOLUTION: (B)

PROBLEM: Case Br. 9 (citing Letter from Barbara E. Tillman to Beatrice A. Brickell (Dec. 29, 2003), A.R. Doc. No. 48). Parkdale’s claim that it would not get a satisfactory dumping margin upon review does not merit the court’s consideration because 19 U.S.C. § 1677e contemplates such results. See, e.g., Peer Bearing Co. v. United States, 16 CIT 799, 805-06, 800 F.Supp. 959, 965 (1992) (finding that when resellers choose uncooperative suppliers that are under dumping order, it is irrelevant that such resellers are cooperative in their questionnaire responses). Furthermore, Russel withdrew from the review before its completion and simply does not serve as an example of Parkdale’s “false choice” argument. Cf. Koyo Seiko Co. v. United States, 26 CIT 170, 176, 186 F.Supp.2d 1332, 1339 (2002) (<HOLDING>). Additionally, this Court recognizes that 
 Holding statements: (A) holding that an alien must exhaust administrative remedies before seeking habeas relief from detention (B) holding that a plaintiff need not exhaust his administrative remedies to bring a retaliation claim (C) holding that foreign manufacturer was not required to exhaust administrative remedies before challenging commerces methodology for determining antidumping duty assessment rates because methodology had been previously unsuccessfully challenged at administrative level and additional challenge during review at issue would have been futile (D) holding that bivens plaintiff was not required to exhaust administrative remedies where administrative remedy program provided only for injunctive relief (E) holding that plaintiff failed to exhaust administrative remedies by failing to include issue in case brief

SOLUTION:
(C)