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 Q]: to preserve evidence exists between a third party and another in the absence of a special relationship, such as one created by contract or statute. Id. Under that analysis, this court will need to consider the primary purpose of the third-party here, Giant Eagle. (2) "Duty" of a third-party employer to its employee Pennsylvania courts have not directly considered whether the existence of an employer/employee relationship creates a duty on the part of a third-party employer to preserve evidence of a work-related accident for a potential products liability suit by an employee. Courts in other jurisdictions have held that there is no such duty. See Wilson v. Beloit Corp., 725 F.Supp. 1056, 1058 (W.D.Ark.1989); Panich v. Iron Wood Prods. Corp., 179 Mich.App. 136, 445 N.W.2d 795, 797 (1989) (<HOLDING>); Koplin v. Rosel Well Perforators, Inc., 241
Holding statements: (A) holding that neither common law nor workers disability compensation act imposed affirmative duty on employer to preserve evidence which might be used in employees thirdparty liability action (B) holding that a claim did not arise under a workers compensation law when it stated a right to relief in tort and sought common law damages distinct from statutory compensation scheme (C) holding that thirdparty tortfeasor has right to contribution from employer up to amount of employers workers compensation liability (D) holding that prohibition may not be used to raise affirmative defense of workers compensation immunity (E) holding that no independent commonlaw duty exists on the part of an employer to preserve evidence for an employees potential civil action against third parties
[EX A]: (A)

[EX Q]: between 1983 and 1986. Stanley's engineer, Hreha, was present throughout Powers' deposition. The Court revisits its ruling upon further contemplation of the purpose of a Rule 30(b)(6) deposition. In a Rule 30(b)(6) deposition, there is no distinction between the corporate representative and the corporation. See United States v. Taylor, 166 F.R.D. 356, 361 (M.D.N.C.1996) (noting that in a Rule 30(b)(6) deposition "[t]he corporation appears vicariously through its designee"). "The Rule 30(b)(6) designee does not give his personal opinion. Rather, he presents the corpo ration's 'position' on the topic." Id. (citing cases). The designee testifies on behalf of the corporation and holds it accountable accordingly. See Starlight Int'l, Inc., v. Herlihy, 186 F.R.D. 626, 688 (D.Kan.1999) (<HOLDING>) (quoting Audiotext Communications Network,
Holding statements: (A) holding individual who signed contract on behalf of a corporation is individually liable where he knew corporation was not incorporated at the time the contract was executed (B) holding that a corporation has a duty under rule 80b6 to provide someone who is knowledgeable in order to provide binding answers on behalf of the corporation (C) holding that an officer or director generally owes a fiduciary duty only to the corporation over which he exercises management authority and any breach of fiduciary duty claims arising out of injuries to the corporation in most cases may only be brought by the corporation itself or derivatively on its behalf (D) holding that individuals assumption of the role of president of the corporation and her authority to sign documents on behalf of the corporation demonstrate that she had the requisite control over the corporation for purposes of finding individual liability under section 5a (E) holding that claims of corporation vest in corporation
[EX A]: (B)

[EX Q]: brought against him in a state court "for any act under color of such office." 28 U.S.C. 1442(a)(1). The second, by contrast, authorizes "any employee of the [federal] Government" to remove any "civil action or proceeding for money damages" brought against him in a state court for injury to person or property resulting ficom his negligent or wrongful conduct, upon a finding, either administrative or judicial, that he was "acting within the scope of his office or employment at the time of the incident out of which the claim arose." 28 U.S.C. 2679(d)(2); see id. 2679(b)(1). As Wiley points out, he was entitled to have this action remain in federal court if removal jurisdiction existed under either of these two alternative provisions. See Mitchell, 896 F.2d at 131-32 n. 3 (<HOLDING>); Nadler v. Mann, 951 F.2d 301, 306 n. 9 (11th
Holding statements: (A) holding that review of an original removal decision and a subsequent removal order are distinct (B) holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand (C) holding that the federal officer removal statute is not narrow or limited (D) holding that removal proceedings are in the nature of process and defects in the removal procedures are waivable (E) recognizing that 1442a1 provides federal officer named as defendant in a state tort action with a right of removal separate and apart from that provided by the removal provision in the westfall act
[EX A]:
(E)