TASK DEFINITION: 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.
PROBLEM: of limitations have been held as not capable of waiver or subject to an estoppel, whether pled or not.") (internal quotation marks omitted). The dissenting opinion cites several re-, cent Supreme Court decisions in support of the proposition that the statute of limitations set forth at section 2501 is not jurisdictional, including Day v. McDonough, U.S. -, 126 S.Ct. 1675, 164 L.Ed.2d 376 (2006); Arbaugh v. Y & H Corp., U.S. -, 126 S.Ct. 1235, 163 L.Ed.2d 1097 (2006), Eberhart v. United States, U.S. -, 126 S.Ct. 403, 163 L.Ed.2d 14 (2005) (per curiam), Scarborough v. Principi, 541 U.S. 401, 124 S.Ct. 1856, 158 L.Ed.2d 674 (2004), and Kontrick v. Ryan, 540 U.S. 443, 124 S.Ct. 906, 157 L.Ed.2d 867 (2004). None of the foregoing decisions address section 2501. Day, 126 S.Ct. at 1681 (<HOLDING>); Arbaugh, 126 S.Ct. at 1245 (addressing
Holding statements: (A) holding that the oneyear statute of limitations for filing a habeas petition under the antiterrorism and effective death penalty act of 1996 is not jurisdictional (B) holding that the oneyear statute of limitations under the antiterrorism and effective death penalty act aedpa begins to run on the date a prisoner dismisses his direct appeal because his conviction is then final (C) holding that aedpas oneyear period of limitations does not support a delay of filing of habeas petition by capital defendant (D) holding that in a designation of a foreign terrorist organization under the antiterrorism and effective death penalty act of 1996 aedpa the governments use of classified information without permitting the organization to view the information did not violate the organizations due process rights (E) holding that neither the antiterrorism and effective death penalty act of 1996 nor the illegal immigration reform act of 1996 repealed the district courts jurisdiction to review aliens habeas petitions

SOLUTION: (A)

PROBLEM: likely causes of the engine failure are related to components of the oil delivery system, components of the cylinder assembly, cracked crankcase or an oil leak in general, etc." As such, the Court finds that Mr. Klepacki's opinion regarding the more likely causes of engine failure should be excluded. Plaintiffs Expert Donald Sommer Even assuming, without deciding, that Mr. Sommer is qualified to testify as an expert on piloting and accident reconstruction, including engine failure analysis, the Court must still find that the process he used in forming his expert opinion is suffi ciently reliable under Daubert and its progeny. See Quiet Tech. DC-8, Inc., 326 F.3d at 1342 (stating that "one may be considered an expert but still offer unreliable testimony"); cf. McCorvey, 298 F.3d at 1257 (<HOLDING>). The Court must also find that the testimony
Holding statements: (A) holding that federal rules of evidence require trial courts to hold hearingsreferred to as daubert hearingsto determine reliability of scientific expert testimony before admission at trial (B) holding that once an expert has passed rule 702s threshold of admissibility lingering questions or controversy concerning the quality of the experts conclusions go to the weight of the testimony rather than its admissibility (C) holding that experts causation opinion based on statements made by plaintiff was not inherently unreliable (D) holding that daubert does not create a new framework for analyzing proffered expert testimony based upon technical or other specialized knowledge (E) holding that rjulings on admissibility under daubert inherently require the trial court to conduct an exacting analysis of the proffered experts methodology

SOLUTION: (E)

PROBLEM: retaliation for his sexual harassment complaints. In addition, the Plaintiff points out that there are no written memoranda or letters in his file documenting any issues with his attendance, either in the summer of 2008 or during any other time period. Furthermore, the Plaintiff argues that Robert Cacciola, another warehouse employee, was never monitored by Ellis or disciplined by Geier, although he had similar attendance issues. Courts have consistently held that one way to establish a claim of retaliation is to show that the complaining employee is treated differently than other employees who did not engage in a protected activity. See Knight v. City of New York, 303 F.Supp.2d 485, 498-99 (S.D.N.Y.2004); see also DeCintio v. Westchester Cty. Med. Ctr., 821 F.2d 111, 115 (2d Cir.1987) (<HOLDING>). Therefore, the Court finds that the
Holding statements: (A) holding that absent a rational reason for disparate treatment similarlysituated taxpayers should be treated in a similar fashion (B) holding that discrimination can be established through other evidence such as disparate treatment of fellow employees who engaged in similar conduct (C) holding that the individuals with whom a plaintiff seeks to be compared must have engaged in the same conduct without such differentiating or mitigating circumstances as would distinguish their conduct or the employers treatment of them for it (D) holding that title vii does not provide for a damages claim against supervisors or fellow employees (E) holding that a causal connection may be established indirectly with circumstantial evidence for example by showing that the protected activity was followed by discriminatory treatment or through evidence of disparate treatment of employees who engaged in similar conduct or directly through evidence of retaliatory animus

SOLUTION:
(B)