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.

Ex Input:
203, 216, 85 S.Ct. 398, 13 L.Ed.2d 233 (1964) (“The Board’s power [to order remedies] is a broad discretionary one, subject to limited judicial review.”); McKinney ex rel. N.L.R.B. v. Southern Bakeries, LLC, 786 F.3d 1119, 1125 (8th Cir. 2015) (noting the NLRB’s broad remedial powers to remedy employer violations in the shape of unfair labor practices); Medallion Kitchens, Inc. v. NLRB, 811 F.2d 456, 460 (8th Cir. 1987) (observing that the NLRA affords “the Board broad .latitude in fashioning remedies for unfair labor practices”). To illustrate further, should an employer commit misconduct while she is at the bargaining table, so to speak, the NLRB may mandate the employer to reimburse the corresponding labor organization for bargaining expenses. See HTH Corp., 361 NLRB No. 65 (2014) (<HOLDING>). With respect to labor schedules and other 
 Holding statements: (A) holding there was no jury trial right where court ordered reinstatement and back pay to teachers fired after desegregation order in discrimination case back pay is equitable (B) recognizing nlrbs power to order reinstatement front pay back pay wideranging ceaseanddesist orders furnishing the union with relevant information and noticereading requirement among other remedies (C) holding that back pay may be awarded to the date of judgment (D) holding that an award of back pay is an issue for the court (E) holding in an adea case that when after acquired evidence of employee wrongdoing cut off accrual of back pay reinstatement or the award of front pay was inappropriate

Ex Output:
(B)


Ex Input:
March 23, 2005, the court held a hearing and, by order bearing the same date, denied the motion, based on the Board’s untimeliness. Discussion Appellant, asserting the interests of the Director and the Animal Services Division, the latter a party to the administrative proceeding and a part of County government, contends the circuit court abused its discretion in denying appellant’s motion for reconsideration without applying the usual standard of review applicable to decisions of administrative agencies. Appellee has not filed a brief on appeal. The standard for judicial review of administrative decisions is well settled. As summarized by the Court of Appeals in Board of Physician Quality Assurance v. Banks, 354 Md. 59, 729 A.2d 376 (1999). A court’s role i 5, 406, 880 A.2d 1118 (2005) (<HOLDING>); Dep’t of Labor v. Boardley, 164 Md. App. 404, 
 Holding statements: (A) holding that in reviewing a gaming commission decision the court will examine the record to determine if there is any evidence to support the commissions order (B) holding that a reviewing courts task is to determine whether there was substantial evidence before the administrative agency on the record as a whole to support the agencys conclusions (C) holding that a courts role in reviewing an administrative agency decision is limited to determining if there is substantial evidence in the record as a whole to support the agencys findings and conclusions and to determine if the administrative decision is premised upon an erroneous conclusion of law (D) holding that under the substantial evidence standard the reviewing court must decide whether on this record it would have been possible for a reasonable jury to reach the agencys conclusion (E) holding the courts scope of review is  limited to determining whether the commissioner applied the correct legal standards and whether the record as a whole contains substantial evidence to support the commissioners findings of fact 

Ex Output:
(B)


Ex Input:
v. U.S. Army Corps of Eng’rs, 542 F.3d 1204, 1209 (8th Cir.2008) (quoting Miller v. U.S. Dep’t of State, 779 F.2d 1378, 1382 (8th Cir.1985)). The district court must evaluate the record, including pleadings, affidavits, or declarations on file, in the light most favorable to the nonmoving party to determine whether “there is no genuine dispute as to any material fact and the movant party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a); Missouri Coalition, 542 F.3d at 1209. Once the moving party has met its burden, the non-moving party may not rest on the allegations of his pleadings but must set forth specific facts, by affidavit or other evidence, showing that a genuine issue of material fact exists. Gannon Intern., Ltd. v. Blocker, 684 F.3d 785, 792 (8th Cir.2012) (<HOLDING>). In considering a motion for summary judgment 
 Holding statements: (A) holding that the district court did not err in granting summary judgment since the physical evidence and unrebutted expert testimony left no genuine issue of material fact (B) holding that district court should not have granted summary judgment solely on basis that a motion for summary judgment was not opposed (C) holding that evidence in an inadmissible form may be considered at the summary judgment stage as long as the evidence is submitted in an admissible form at trial (D) holding that unrebutted evidence can and should form the basis for summary judgment (E) holding that district court should not have granted summary judgment solely on basis that motion for summary judgment was not opposed

Ex Output:

(D)