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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Q: the harassment," Murray, 57 F.3d at 250. As the Second Circuit has recognized, "not every response to a complaint should take the form of discharge;" even a mere written warning can be an appropriate response if it conveys the message that further harassment will not be tolerated. Kotcher, 957 F.2d at 63; see also Torres, 116 F.3d at 639 ("[R]esolution will vary from case to case."). By far the best evidence that Metro-North's response was effective is that plaintiff has not been sexually harassed by Chapman or any other Metro-North employee since meeting with Ms. Gormley-O'Connor, see Wahlstrom Dep. at 30, 248, nor has Chapman been accused of accosting any other employees since returning from his suspension, see Chapman Dep. at 64, 279; Sinigiani Dep. at 49; cf. Murray, 57 F.3d at 251 (<HOLDING>). Therefore, while factual issues exist as to
Holding statements: (A) holding that eeoc charge filed by plaintiff more than 180 days after alleged incident of sexual harassment was timely where alleged sexual harassment violation continued as hostile work environment through time of plaintiffs termination (B) holding that where the plaintiffs allegations concerning a hostile work environment consist of facts that occurred more than one year before the filing of the complaint such a claim is timebarred (C) holding that allegations of failure to remedy a hostile work environment provided no basis for relief where the evidence demonstrated that the harassment had ended by the time plaintiffs complaint was filed (D) holding that the allegations of plaintiffs coemployees of sexual harassment by manager were irrelevant to plaintiffs hostile work environment claim absent evidence that plaintiff was contemporaneously aware of the alleged harassment (E) holding that a charge that alleged discrimination on the basis of sex did not support a complaint for hostile environment sexual harassment

A: holding that eeoc charge filed by plaintiff more than 180 days after alleged incident of sexual harassment was timely where alleged sexual harassment violation continued as hostile work environment through time of plaintiffs termination
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Q: to Richardson. 6 . In J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994), the Supreme Court extended Batson and its progeny to prohibit the exercise of peremptory challenges on the basis of gender. 7 . The Slate also points out that the presiding judge in the instant case is an African American jurist. Judge Green's sensitivity and efforts to seat a constitutional and racially-diverse jury for defendant, is evidenced in the debate over Richardson. Even though the judge originally found the state's race-neutral reasons as to Richardson valid, he became concerned about the exclusion of African Americans from defendant's jury. However, the judge's race is not relevant to Batson analysis. See State v. Tilley, 99-0569, p. 8 (La.7/6/00), 767 So.2d 6, 15 (<HOLDING>). 8 . A discussion of the assignments of error
Holding statements: (A) holding that more favorable treatment of similarly situated employees outside the race classification is required to make a prima facie race discrimination case (B) holding that a criminal defendant can bring a third party challenge to the peremptory striking of jurors based on race whether or not he is of the same race as the jurors who are struck (C) recognizing that certain forms of race consciousness do not lead inevitably to impermissible race discrimination (D) holding that custody decision based on race is not justified (E) holding that the race of the prosecutor is irrelevant

A: holding that more favorable treatment of similarly situated employees outside the race classification is required to make a prima facie race discrimination case
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Q: that "N.C. Gen. Stat. 90-21.12 . . . specifically states that the expert must be familiar with the standard of care in the same or similar community 'at the time of the alleged act giving rise to the cause of action.' " Id. at 480, 624 S.E.2d at 385 (emphasis added) (quoting N.C. Gen. Stat. 90-21.12). Although plaintiff's expert did not wait four years before gathering information on Wake County, he still failed to comply with the statute insofar as it requires knowledge at the time of the injury. Dr. Frost even testified that the time between the injury and his research on the standard of care in Wake County that he "would expect that there were some ... changes" in the standard. Cf. Roush v. Kennon, 188 N.C. App. 570, 576, -S.E.2d. -, - (No. COA07-209 filed 5 February 2008) (<HOLDING>). I would therefore hold that plaintiff's
Holding statements: (A) recognizing that a defendant physicians own practice was at least some evidence of the standard of care and concluding that the case was properly submitted to the jury notwithstanding the plaintiffs failure to call an independent expert on the standard of care (B) holding that an expert can comply with the timing requirement if an experts research even after his or her deposition revealed that the standard of care in his or her community was the same or similar to the standard of care in the community in which he or she is testifying when the injury occurred (C) holding that standard of care need not be listed separately in report when same standard applies to each health care provider (D) holding that once the defendant has submitted to the control of the officer and the process of taking him or her to the police station has commenced his or her arrest is complete and he or she is in custody for the purposes of the escape statute (E) holding experts testimony was insufficient to survive summary judgment because the testimony at most showed the defendant deviated from the experts personal standard of care rather than the generally accepted standard of care

A:
recognizing that a defendant physicians own practice was at least some evidence of the standard of care and concluding that the case was properly submitted to the jury notwithstanding the plaintiffs failure to call an independent expert on the standard of care
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