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: of record rather than the alien. The Federal Rules of Civil Procedure also favor notice of counsel of record rather than actual notice of the client. See Fed.R.Civ.P. 5(b) (stating that “whenever service under these rules is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless service upon the party is ordered by the court”). Case precedent also indicates that actual notice of an alien is not required under the INA. See Sewak v. INS, 900 F.2d 667, 669 n. 6 (3d Cir.1990) (noting in dicta that notice to attorney comprised actual notice to alien); Reyes-Arias v. INS, 866 F.2d 500, 502-3 (D.C.Cir.1989) (finding actual knowledge of attorney constitutes reasonable notice); Newton v. INS, 622 F.2d 1193, 1194 (3d Cir.1980) (<HOLDING>). Anin received notice as required by the INA. 
 Holding statements: (A) holding that notice to supervisor is notice to city (B) holding that notice to the attorney of record constitutes notice to the petitioner (C) holding that actual notice fulfills a notice requirement that an applicable federal regulation be conspicuously posted because actual notice is the best notice (D) holding that a defendant is not entitled to relief from default judgment because notice to an attorney of filing of motions and orders is constructive notice to the client even when the client did not have actual notice (E) holding that notice to original attorney not formally withdrawn comprised proper notice

A: holding that notice to supervisor is notice to city
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Q: supervising, or otherwise controlling the agent” in addition to any vicarious liability that may be imposed via the agent’s actions. We hold that plaintiffs under the ICRA may proceed against the employer on either a direct negligence or vicarious liability theory for supervisor harassment in a hostile-work-environment case. The Faragher-Ellerth affirmative defense, with the burden of proof on the employer, applies only to claims of vicarious liability. Ellerth, 524 U.S. at 764, 118 S.Ct. at 2270 (adopting affirmative defense “in order to accommodate the agency principle of vicarious liability for harm caused by misuse of supervisory authority” (emphasis added)); accord Faragher, 524 U.S. at 807, 118 S.Ct. at 2292; see also Johnson v. Shinseki, 811 F.Supp.2d 336, 348 n.2 (D.D.C. 2011) (<HOLDING>); Swinton v. Potomac Corp., 270 F.3d 794, 803 
 Holding statements: (A) holding that the victims negligence is not a defense to criminal conduct (B) holding that if a state case explicitly states that the state standard is more favorable to the defendant than the federal standard the federal claim is considered adjudicated below when the state standard is applied (C) holding because the court applied the negligence standard the faragher defense is inapplicable (D) holding that equitable defense of laches is inapplicable to claims of fraud (E) holding that even though the court does not usually apply the clearly erroneous standard to mixed questions of fact and law this standard is properly applied to the materiality issue

A: holding that the victims negligence is not a defense to criminal conduct
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Q: for Dr. Crabtree’s ultimate post-award refusal to continue the counseling relationship by threatening to sue Dr. Crabtree and press charges against him before the licensing board. The District Court’s statement that the arbitrator could not address the reasons for the breakdown in the counseling relationship upon remand could be understood as a direction to the arbitrator not to consider the Hospital’s contention. We see no legal reason why the arbitrator, who will be advised of the contingency that has rendered the award ambiguous, should not also be able to hear the Hospital’s explanation for the breakdown in the counseling relationship, if he so chooses. The District Court’s statement may be interpreted as a judicial determination of the appropriate procedures to be u 48-49 (<HOLDING>). We conclude, therefore, that nothing in 
 Holding statements: (A) holding that district court erred in ruling that a particular item of evidence must be admitted in the arbitral proceeding (B) holding that the district court erred in ruling that a plaintiff had failed to offer any evidence to survive summary judgment on its discrimination claim where the district court had simply discounted plaintiffs admissible evidence as less probative than defendants (C) holding that district court erred in issuing injunction against future work stoppages based on arbitral award prohibiting one such stoppage (D) holding the district court erred by reviewing the evidence and making an evidentiary ruling on secondtier review (E) holding that the district court erred in not making an inequitable conduct determination prior to ruling on the exceptional case issue

A:
holding that the district court erred in ruling that a plaintiff had failed to offer any evidence to survive summary judgment on its discrimination claim where the district court had simply discounted plaintiffs admissible evidence as less probative than defendants
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