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.

not issue a permit to install" a waste disposal system unless that system "[m]eets all applicable county zoning and land use requirements .... " Taken together, these provisions indicate a clear intent on the part of the General Assembly to locate environmental permitting with the MDE, and zoning with local government. There is no reasonable way to construe these provisions of the Maryland Code as doing anything other than complementing local government's role in planning and zoning. If we held otherwise, we would be reading an over-broad preemptive intent into an otherwise clear statutory scheme. MRA's preemption argument fails because it does not account for the dual nature of this process. See Ad + Soil, Inc. v. County Comm'rs of Queen Anne's County, 307 Md. 307, 513 A.2d 893 (1986) (<HOLDING>). Preemption Based on Legislative Changes to
Holding statements: (A) holding that state court could regulate the practice of law in federal courts located in the state (B) holding that the relevant body of state law did indeed regulate many aspects of sewage sludge utilization but was not so comprehensive that the acceptance of the doctrine of preemption by occupation is compelled (C) holding that a party did not waive its preemption defense where its answer did not specifically mention preemption but contained a broader defense that was capable of encompassing preemption (D) recognizing that although there was no property in a dead body at common law the one whose duty it is to care for the body of the deceased is entitled to possession of the body as it is when death comes and that it is an actionable wrong for another to interfere with that right by withholding the body or mutilating it in any way (E) recognizing that the artful pleading doctrine in practice is subsumed by the complete preemption doctrine
(B)

not impliedly preempt the field of law related to the price, route, and service of motor carriers of property, and does not impliedly preempt by conflict her state-law claims. As stated above, in Kelley the Tenth Circuit Court of Appeals concluded that 14501(c) preempts the field of law regarding price, route, and service of motor carriers of property. See Kelley, 69 F.3d at 1509-10 ("Here, Congress has clearly chosen ... to preempt the entire field of price, service, and route regulation of intrastate motor carrier activities."). Furthermore, other federal courts have held that 14501(c)(1) expressly preempts state tort claims relating to price, route, or service against motor carriers of property. See, e.g., Data Mfg., Inc. v. United Parcel Serv., Inc., 557 F.3d 849 (8th Cir.2009) (<HOLDING>); Deerskin Trading Post, Inc. v. United Parcel
Holding statements: (A) holding plaintiffs statelaw claims alleging common law misrepresentation and statutory misrepresentation under the texas insurance code art 2121 not preempted because they were not dependent on the right to recover benefits under the erisa plan (B) holding fraudulent representations to the fda could not sustain statelaw claims (C) holding that 14501c1 preempted statelaw claims of fraudulent and negligent misrepresentation and money had and received related to billing practices of motor carrier of property (D) holding negligent misrepresentation sufficient (E) holding misrepresentation claim to be preempted
(C)

objectively by a reasonable person. Cooper v. Albacore Holdings, Inc., 204 S.W.3d 238, 244-45 (Mo.App.E.D.2006). Here, the trial court found that the Employer's alleged conduct was not sufficient as a matter of law to objectively establish severe or pervasive hostility based on a disability. Whether "a reasonable person would objectively consider [an employer's] behavior towards [a claimant] severe enough to alter the conditions of her employment and create an abusive working environment" is a question of fact. Cooper, 204 S.W.3d at 245; see also Howard, 149 F.3d at 840; 37 William C established, whether a reasonable person would similarly find the conduct offensive will generally be a question of fact for the jury. Cf. Meyerkord v. Zipatoni Co., 276 S.W.3d 319, 326 (Mo.App.E.D.2008) (<HOLDING>); Y.G. v. Jewish Hasp, of St. Louis, 795 S.W.2d
Holding statements: (A) holding that a person is seized when a reasonable person would have believed that he was not free to leave (B) holding that whether misrepresentations would be highly offensive to a reasonable person are questions for a jury (C) holding that questions of proximate cause are within the exclusive domain for the jury and may only be removed when reasonable minds cannot differ (D) holding in determining whether driver was insured under terms of policy exclusion of person using vehicle without a reasonable belief person was entitled to do so must be considered (E) holding that whether an encounter is consensual hinges on whether a reasonable person would have felt free to disregard the police and go about his business
(B)