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.
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Question: denial of the conversation with Fultz appears for the first time in the form of an affidavit, completed one day before her response to Lockheed's motion for summary judgment and four months after the deposition. In evaluating whether an employee has been disciplined or terminated "because of' a protected trait, we must "look at the facts as. they appear to the person making the decision." Kendrick, 220 F.3d at 1231; Bullington v. United Air Lines, Inc., 186 F.3d 1301, 1318 (10th Cir.1999) (noting that "[t]he relevant inquiry is not whether [the employer's] proffered reasons were wise, fair or correct, but whether [the employer] honestly believed those reasons and acted in good faith upon those beliefs."); see also McKnight v. Kimberly Clark Corp., 149 F.3d 1125, 1129 (10th Cir.1998) (<HOLDING>). Before issuing the reprimand, Dixon informed
Holding statements: (A) holding that plaintiff failed to establish pretext where plaintiff was terminated after the employer conducted an investigation into a subordinates allegations of misconduct on the part of the plaintiff and believed the allegations to be true even though plaintiff presented evidence in the lawsuit that the allegations may have been false (B) holding that where the employer fired the plaintiff upon a good faith belief that he sexually harassed coworkers the plaintiff could not prove pretext by challenging the harassment allegations (C) holding that the district court did not err in finding that the plaintiff failed to provide adequate notice of new allegations where the plaintiffs complaint gave the defendants no notice of the specific factual allegations presented for the first time in the plaintiffs opposition to summary judgment (D) holding that a plaintiff failed to state a claim based on conclusory allegations that a locality failed to adequately supervise officers in the proper use of force where the complaint provided no factual allegations of known widespread conduct by the localitys employees comparable to that alleged as to the plaintiff (E) holding that evidence of other allegations of torture was inadmissible in part because it was not similar to the allegations made by defendant

Answer: (A)

Question: strengthen, not displace, any existing remedies employees may. have at law." Id. It is clear from these excerpts that the STAA was not enacted to completely preempt state law remedies for retaliation against an employee who refuses to violate safety provisions. See Todd v. Frank's Tong Service, Inc., 784 P.2d 47, 49-50 (Okla.1989) (noting that Congressional intent surrounding enactment of the STAA demonstrates that state law claims are not preempted); see also Parten v. Consolidated Freightways Corp., 923 F.2d 580, 583 (8th Cir.1991) (conclude ing that the Minnesota public policy statute was not an obstacle to the STAA and that Congress did not intend to occupy the entire field of interstate motor carriers); Whitworth v. TNT Bestway Transp., Inc., 914 F.Supp. 1434, 1436 (E.D.Tex.1996) (<HOLDING>); Dobberowsky v. Cryogenic Transp., Inc., 989
Holding statements: (A) holding texas exemption law was not preempted by erisa due to savings clause (B) holding that texas whistleblowers act was not preempted by the staa (C) holding a claim of a violation of the texas dtpa is preempted by the carmack amendment (D) holding that the age discrimination in employment act was not preempted by the nlra (E) holding that where the entity was incorporated in texas and the shareholders reside in texas and the bankruptcy case is pending in texas texas law not arizona law should be applied

Answer: (B)

Question: discovery. NYC admits that it did not provide its Initial Disclosures before the discovery deadline, however, NYC argues that: (1) it was awaiting information for use in its Initial Disclosures and alerted Empire to this fact; (2) the late disclosure was not in bad faith; and (3) regardless, the late disclosure contained information already provided in discovery, so no prejudice to Empire resulted. NYC denies that it did not produce a witness or that it did not provide additional documentation. Rule 37(b)(2) of the Federal Rules of Civil Procedure authorizes a court to impose various sanctions when a party "fails to obey an order to provide or permit discovery." Fed.R.Civ.P. 37(b)(2); see also Transatlantic Bulk Shipping Ltd. v. Saudi Chattering S.A., 112 F.R.D. 185, 189 (S.D.N.Y.1986) (<HOLDING>). It is clear that sanctions may be imposed
Holding statements: (A) recognizing power of bankruptcy court under 105 of the code and bankruptcy rule 9020 to impose contempt sanctions for violations of automatic stay (B) recognizing power of bankruptcy court to impose sanctions on parties and counsel who willfully abuse the judicial process but not finding sanctions appropriate against debtor and his attorney for their repeated bankruptcy filings (C) recognizing that orders denying motions to reopen are treated as final orders of removal (D) holding that remand orders are also appealable orders under 28 usc 1291 (E) holding that under rule 37b sanctions are appropriatefor defendants proven dishonesty and repeated violations of three court orders

Answer:
(E)