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: the action should pro ceed among the existing parties or be dismissed. Fed.R.Civ.P. 19(b). Defendant neglected to offer any explanation for how and why Mr. Stroud is essential, other than that he was named in the underlying state court case. That is not enough. Mr. Stroud is not a necessary or indispensable party under Rule 19 because this Court can administer complete relief an order compelling arbitration among the existing parties and Mr. Stroud himself is not claiming an interest in this arbitration action that will be impaired by his absence. Although failing to dismiss this case may result in piecemeal litigation, that factor alone is not compelling enough to find Mr. Stroud to be an indispensable party. Cf. Doctor's Assocs., Inc. v. Distajo, 66 F.3d 438, 446 (2d Cir.1995) (<HOLDING>). This Court therefore properly limits its
Holding statements: (A) holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added (B) holding that in ruling on a motion to compel arbitration a court must consider 1 whether the parties have entered into a valid arbitration agreement 2 whether an arbitrable issue exists and 3 whether the right to arbitration has been waived (C) holding that district courts are required to compel arbitration of claims subject to arbitration clause even if the result is piecemeal litigation (D) holding that faa was inapplicable where parties involved in action are not parties to an arbitration agreement under which issues are referable to arbitration (E) holding that in determining whether diversity jurisdiction exists in petition to compel arbitration district court was correct in looking only to citizenship of parties in action before it parties who signed arbitration agreement and that nondiverse agents in underlying state case were not indispensable parties as any potential prejudice resulting from piecemeal litigation is overcome by faas strong bias in favor of arbitration

Answer: (E)

Question: hostile work environment claims from the general Ricks rule because such claims " 'cannot be said to occur on any particular day,' and instead usually involve a pattern of acts that aren't 'actionable on [their] own' but give rise to a legal violation only when assessed in their totality." Almond, 665 F.3d at 1178 (quoting Morgan, 536 U.S. at 115-16, 122 S.Ct. 2061). Here, the Court does not construe Plaintiffs pleadings to allege a hostile work environment claim. Even construing Plaintiffs pleadings liberally, his generic assertions that Defendant Beilis treated him in a hostile manner toward the end of his employment and sent him hostile emails fall far short of asserting a claim for age-based hostile work environment. See Phillips v. Moore, 164 F.Supp.2d 1245, 1254 (D.Kan.2001) (<HOLDING>). Thus, despite Plaintiffs averment that
Holding statements: (A) holding that supervisors routine vulgar references to plaintiff could not support a hostile work environment claim because plaintiff was unaware of the comments and to show that he or she perceived the environment as hostile a title vii plaintiff must at least have been aware of those comments (B) holding that the plaintiff failed to state an agebased hostile work environment claim where the plaintiffs proffered evidence was nothing more than a collection of unrelated and infrequent incidents of conduct by the defendants that the plaintiff subjectively construe as acts motived by agerelated animus and which was devoid of the agerelated comments or ridicule that are hallmarks of hostile work environment claims (C) holding that certain conduct was irrelevant to plaintiffs hostile work environment claim absent evidence that plaintiff was contemporaneously aware of it (D) recognizing a hostile work environment claim under section 1983 (E) holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive

Answer: (B)

Question: decision contained numerous citations to both federal precedent and state court decisions which were based on federal due process principles. In the FAR petition, Davis specifically noted the factual underpinnings of his claim: "[T]he prosecutors suppressed the fact that Frame ... refused to be interviewed by the defendants because of threats by Delinsky...." Pet'r's Mem.Ex. A at 24. Davis focused his argument in the FAR petition, however, on the failure of the trial justice to hold an evidentiary hearing regarding this and other suppression claims. See id. at 25. Davis characterized his claims as "allegations of constitutional violations," "allegations of constitutional dimensions," and as a "Due Process" violation contrary to United States v. Dansker, 565 F.2d 1262 (3d Cir.1977) (<HOLDING>), cert. dismissed, 434 U.S. 1052, 98 S.Ct. 905,
Holding statements: (A) holding that there was a genuine issue of material fact precluding summary judgment (B) holding nonmoving partys affidavit created genuine issue of material fact as to the existence of an employment relationship (C) holding that plaintiff failed to show genuine issue of material fact on equitable estoppel claim (D) holding that where affidavits raise a genuine issue of material fact as to a brady claim an evidentiary hearing should be conducted (E) holding that due process requires an evidentiary hearing when parties submissions in contempt proceedings raise disputed issue of material fact

Answer:
(D)