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.

[Q]: This Court has reviewed these decisions and is in agreement with their reasoning and conclusions that the public policy exception does not give rise to a protected property interest in continued employment in this case. Likewise, the implied covenant is not the source of a protected property interest. The implied covenant of good faith and fair dealing applies to at-will employment and affords an employee the right to be dealt with fairly and in good faith. See Cantwell v. City of Boise, 146 Idaho 127, 191 P.3d 205, 213-14 (2008). Breach of the covenant may give rise to an action for wrongful termination but it does not convert at-will employment to term employment nor form the basis for a protected property interest. See Hollister v. Forsythe, 22 F.3d 950, 952-52 (9th Cir.1994) (<HOLDING>); Willnerd v. Sybase, Inc., No. 
 Holding statements: (A) recognizing an implied covenant of good faith and fair dealing by all parties in the performance of a contract for the sale of real estate (B) recognizing cause of action for implied covenant of good faith and fair dealing in atwill employment contract (C) holding an implied covenant of good faith and fair dealing was insufficient to create a property interest in continued employment under montanas statutory scheme for at will employment (D) holding that the implied covenant of good faith and fair dealing is limited to performance under a contract (E) recognizing that evidence of breach of implied covenant of good faith and fair dealing may support punitive damages
[A]: recognizing an implied covenant of good faith and fair dealing by all parties in the performance of a contract for the sale of real estate


[Q]: of the evidence. Hicks, 509 U.S. at 511, 113 S.Ct. at 2749. In interpreting Hicks, supra, the Second Circuit has stated definitively as follows: [Defendant] misreads the Supreme Court’s statement in Hicks that once a defendant produces evidence of a legitimate, nondiscriminatory reason for his or her action, the plaintiff must then establish that the defendant’s actions were intentionally discriminatory. [Defendant] takes this statement as requiring the plaintiff to adduce additional evidence after the defendant’s production — evidence beyond that presented in the plaintiffs prima facie case. Justice Scalia took pains to preclude such an interpretation of the Court’s decision when he observed that, upon rejection of the defendant’s proffered reasons for its action , 142 (2d Cir.1993) (<HOLDING>), cert. denied, — U.S. -, 114 S.Ct. 1189, 127 
 Holding statements: (A) holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence (B) holding that former employer met its burden of proof that ubc exception applied (C) holding that the burden of proof is on the claimant (D) holding plaintiffs ultimate burden of proof can be met by combining proof submitted in its prima facie case with evidence that defendants proffered reasons for its acts were false (E) recognizing that a plaintiffs burden in establishing a prima facie case is not onerous
[A]: holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence


[Q]: of FOIA litigation. The first focuses on the sufficiency of the factual basis or, in other words, the Vaughn index. At this stage an agency may show that a generalized Vaughn index, one that presents the withheld documents in groupings rather than individually, is appropriate. See Bevis, 801 F.2d at 1389 (Exemption 7(A)); see also In re Department of Justice, 999 F.2d 1302, 1309 (8th Cir.1993) (describing the necessary showing to justify a generalized Exemption 7(A) index). The second stage confronts dispositive motions, e.g., at summary judgment. This refers to a court’s assessment of whether the exercise of the Exemption is legitimate. See United States Dep't of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749, 780, 109 S.Ct. 1468, 1485-86, 103 L.Ed.2d 774 (1988) (<HOLDING>). These two stages are somewhat different. An 
 Holding statements: (A) holding that a third party has authority to consent to a search if the third party is a coinhabitant (B) holding that a draft rap constituted a final remedial design (C) holding that where a third partys conduct is closely related to the contractual relationship or the contractual dispute and where the third party enjoys financial benefit from the contract the forum selection clause applies to the third party (D) recognizing that a forum selection clause also applies to a nonsignatory third party where the third partys conduct is closely related to the contractual relationship or the contractual dispute and where the third party enjoys financial benefit from the contract (E) holding that exemption 7c categorically applies when a third party requestor seeks fbi rap sheets
[A]:
holding that a third party has authority to consent to a search if the third party is a coinhabitant