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.
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Question: that any negligent infliction claim remains before us on this appeal (as none has been separately argued) that claim is preempted for the same reasons. III. Conclusion We hold that Humble’s intentional infliction/tort of outrage claim is preempted on the facts of this case, and her race and nationality discrimination claims have been abandoned. Humble’s reasonable accommodation claim under the WLAD is not preempted, and we remand that claim for further proceedings consistent with this opinion. Humble requests that a remand to state court for the latter claim be ordered, but we leave it to the district court to make that discretionary determination. REVERSED AND REMANDED. 1 . 29 U.S.C. § 185(a). 2 . Allis-Chalmers Corp. v. Lueck, 471 U.S. 202, 216, 105 S.Ct. 1904, 85 L.Ed.2d 206 (1985) (<HOLDING>). 3 . Id. at 213, 105 S.Ct. 1904. Without 
 Holding statements: (A) holding that plaintiffs state law claim against a nonsignatory to the cba was preempted by  301 (B) holding that broad language releasing all claims whether in contract tort or otherwise necessarily included a bad faith claim (C) holding that a bad faith claim is a tort (D) holding that future benefits are available upon a finding of bad faith because repudiation is a legal conclusion which the trial court reaches after the fact finder makes its determinations about whether there was a breach and whether the breach was in bad faith (E) holding that a state law tort of bad faith was necessarily based on breach of duties contained in the cba and was therefore preempted

Answer: holding that plaintiffs state law claim against a nonsignatory to the cba was preempted by  301


Question: testimony, which included not just the cooperators but also the undercover agent, the government also played for the jury the taped conversations from the wiretap. In a number of these conversations, Herrera specifically discussed the drug quantities involved. Furthermore, this case does not present a situation such as the one the Supreme Court considered in Kotteakos v. United States, 328 U.S. 750, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946), where a conviction was overturned because there was too great a risk of evidentiary spillover, in part because there were thirty-two named participants and eight separate conspiracies. In the present matter there were only six named participants, two conspiracies and two defendants on trial. See United States v. Edwards, 69 F.3d 419, 433 (10th Cir.1995) (<HOLDING>). Given the strength of this evidence for 
 Holding statements: (A) holding that the conviction should be affirmed despite the existence of two conspiracies where the indictment charged only one because this variance did not prejudice the defendant (B) holding that only one offense should have been charged when four separate packages of the same drug were found (C) recognizing the two different types of conspiracies under the federal statute (D) holding that the conviction should be upheld because there was no prejudice to the defendant even though the defendant had been charged with one conspiracy and the proof at trial showed two separate conspiracies (E) holding that the jury would have no problem separating the actions of the individual defendants where there were only four defendants and two separate conspiracies

Answer: holding that the conviction should be affirmed despite the existence of two conspiracies where the indictment charged only one because this variance did not prejudice the defendant


Question: in the face with a bottle. Hogsett, 486 S.W.2d at 731. While denying the employee’s claim because of his willful misconduct, the Court stated as follows: “we are of the opinion the employer has shown the three elements, as deduced from the opinions of this Court, constituting willful misconduct as contemplated by the statute and they are: (1) an intention to do the act, (2) purposeful violation of orders, and (3) an element of perversiveness.” Id. at 733. In formulating the willful misconduct test, the Court drew upon Coleman v. Coker, 321 S.W.2d at 542 (upholding a grant of benefits and observing that willful meant that “regardless of what an employee is told he goes on ‘hellbent for election’ anyhow”), and Brown v. Birmingham Nurseries, 173 Tenn. 343, 117 S.W.2d 739, 740 (1938) (<HOLDING>). In both Coleman and Brown, the Court 
 Holding statements: (A) holding affiants statement that certain conduct constituted intentional or willful misconduct by defendant was conelusory because it stated conclusion and did not provide supporting facts (B) holding that employers policy which required employee to work without pay in violation of federal law was unreasonable and employees refusal to comply was not misconduct (C) holding that an employees purposeful violation of established safety rules despite instruction and warning constituted willful misconduct (D) holding that employees conscious decision to spend the day on the internet instead of doing his job despite being chided more than once constituted simple not gross misconduct (E) holding that employees conviction for possession of a controlled substance constituted gross misconduct

Answer:
holding affiants statement that certain conduct constituted intentional or willful misconduct by defendant was conelusory because it stated conclusion and did not provide supporting facts