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.

[Q]: of a class consisting of all African-American plant employees. Accordingly, the district court acted within its discretion to deny class certification on the basis of the appellants' direct evidence. B. Statistical Evidence Nucor provided the appellants with actual promotion-related job posting and applicant data from January 2001 to February 2006. According to the appellants' own expert, statistical analysis of this data resulted in a standard deviation of - .84, a result indicating no statistically significant disparity in the actual versus expected percentage of African-American employees successfully bidding on jobs. J.A. 5872-73. The appellants, however, objected to use of the 2001 to 2006 time period because it included job posting and bidding 759 n. 17 (4th Cir.1986) (<HOLDING>). Since the appellants could not prevail based
Holding statements: (A) recognizing that the federal pleading standard is a less stringent standard than the delaware pleading standard (B) recognizing that differences between the expected value and the observed number greater than two or three standard deviations are significant (C) recognizing the cause of action (D) recognizing cause of action (E) recognizing that a standard deviation greater than two or three excludes chance as the cause of underrepresentation
[A]: (E)

[Q]: industry is constitutional." Reply [# 29] at 3. Defendants maintain that "the Court may not rely on a federal regulation (9 C.F.R. 2.126) or on the Guide to conclude that the Fourth Amendment right at issue is clearly established." Id. at 4 (emphasis in original). Defendants further argue that even if the Court considered the regulation and the Guide, they do not limit the APHIS' powers of inspection or set policy. Id. at 5. As an initial matter, the Court agrees with Plaintiffs that they are not challenging the statutory scheme governing the USDA's warrantless searches, but rather are challenging the application of that statutory scheme by the Inspector Defendants on May 7, 2013 at Big Cats. See, e.g., LeSueur-Richmond Slate Corp. v. Fehrer, 666 F.3d 261, 268-69 (4th Cir.2012) (<HOLDING>). In LeSueur, the Fourth Circuit closely
Holding statements: (A) holding that the fourth amendment protects property as well as privacy (B) holding that under the fourth amendment a party may challenge both the constitutionality of the act permitting warrantless searches as well as the conduct of the government officials in a particular case (C) holding that government employers may conduct warrantless workrelated searches of employees offices without probable cause (D) holding a person may consent to warrantless searches as a condition of a suspended sentence (E) holding there is no requirement that the government obtains a warrant at the first moment probable cause exists the touchstone for determining the constitutionality of warrantless searches is one of reasonableness under the circumstances
[A]: (B)

[Q]: postconvietion proceeding. Therefore, the narrower approach does not clearly establish judicial economy. T48 Hinojos-Mendoza does not require a different conclusion. There, the supreme court recognized judicial economy in taking up an unpreserved confrontation issue under Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004). The court explained that the defendant could rely on Crawford because it had been decided during his direct appeal. But trial counsel could hardly have been expected to raise the issue the Crawford court decided, contrary to controlling Colorado precedent. See People v. Dement, 661 P.2d 675, 680-81 (Colo.1983) (relying on Ohio v. Roberts, 448 U.S. 56, 100 S.Ct. 2531, 65 L.Ed.2d 597 (1980)), abrogated by People v. Fry, 92 P.3d 970 (Colo.2004) (<HOLDING>). 1 44 Here, in contrast, defendant does not
Holding statements: (A) recognizing same (B) recognizing crawford partially abrogated alacode 152532 (C) recognizing rule (D) recognizing general rule but treating as legal question because ohio statute set out qualifications for position that were not met by applicant (E) recognizing the rejection of ohio v roberts by crawford v washington
[A]:
(E)