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: strengthen, not displace, any existing remedies employees may. have at law." Id. It is clear from these excerpts that the STAA was not enacted to completely preempt state law remedies for retaliation against an employee who refuses to violate safety provisions. See Todd v. Frank's Tong Service, Inc., 784 P.2d 47, 49-50 (Okla.1989) (noting that Congressional intent surrounding enactment of the STAA demonstrates that state law claims are not preempted); see also Parten v. Consolidated Freightways Corp., 923 F.2d 580, 583 (8th Cir.1991) (conclude ing that the Minnesota public policy statute was not an obstacle to the STAA and that Congress did not intend to occupy the entire field of interstate motor carriers); Whitworth v. TNT Bestway Transp., Inc., 914 F.Supp. 1434, 1436 (E.D.Tex.1996) (<HOLDING>); Dobberowsky v. Cryogenic Transp., Inc., 989
Holding statements: (A) holding texas exemption law was not preempted by erisa due to savings clause (B) holding that texas whistleblowers act was not preempted by the staa (C) holding a claim of a violation of the texas dtpa is preempted by the carmack amendment (D) holding that the age discrimination in employment act was not preempted by the nlra (E) holding that where the entity was incorporated in texas and the shareholders reside in texas and the bankruptcy case is pending in texas texas law not arizona law should be applied

Answer: (B)

Question: Defendants contend that the amount awarded was excessive and shocking, such as to raise an irresistible inference that passion, prejudice or other improper influence invaded the trial. Defendants initially make this argument on the grounds that the disparity between punitive damages assessed against the "passive wrongdoer" (AGF) is too large in contrast to the amount assessed against the "active wrongdoer" (Risser). We reject this argument for many reasons. First, it assumes that AGF should not have been found liable for negligent retention of an employee. Obviously, the jury disagreed with this assessment. Second, the legal basis for assessing punitive damages on respondeat superior grounds is well-established. Plains Resources, Inc. v. Gable, 235 Kan. 580, 682 P.2d 653, 665 (1984) (<HOLDING>). In the U.S. Supreme Court's recent deci sion,
Holding statements: (A) recognizing that restatement second of torts 323 and 324a correctly state pennsylvania law (B) recognizing kansas courts adoption of restatement second of torts 909 1977 (C) recognizing that restatement second of torts 416 to 429 are often overlapping (D) recognizing tentative draft of restatement second of torts 652e (E) recognizing that kansas supreme court would accept the final draft of the restatement second of torts 652e adopted in 1977

Answer: (B)

Question: to establish eligibility-triggering factors: Though Ia-beled as "sentencing factors," those factors are more appropriately considered as elements of a capital offense. This logic applies equally to the establishment of any sentencing factors necessary to expose a defendant to a higher maximum penalty in the noncapital context. As discussed supra, Fields's Confrontation Clause challenge relates only to evidence that the government introduced relevant to the jury's ultimate selection decision. The applicability of the Confrontation Clause to the establishment of eligibility-triggering factors is therefore not a question squarely presented by this case, and we decline to resolve it definitively. 19 .See McMillan v. Pennsylvania, 477 U.S. 79, 93, 106 S.Ct. 2411, 91 L.Ed.2d 67 (1986) (<HOLDING>); Cabana v. Bullock, 474 U.S. 376, 385, 106
Holding statements: (A) holding federal sentencing guidelines are subject to jury trial requirements of sixth amendment (B) holding that there is no sixth amendment right to jury sentencing (C) holding that if a jury is to be provided the defendant at capital sentencing regardless of whether the sixth amendment requires it the jury must stand impartial and indifferent to the extent commanded by the sixth amendment (D) holding that there is no distinction in the right to jury trial between sentencing factors and elements (E) holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment

Answer:
(B)