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.

Input: Consider Input: hold that a court of appeals may not award a new trial on the basis of an erroneous eviden-tiary decision" in the absence of a post-verdict motion. Fuesting v. Zimmer, Inc., 448 F.3d 936, 939 (7th Cir.2006). Likewise, in Metcalf v. Bochco, 200 Fed.Appx. 635, 637 n. 1 (9th Cir.2006), the Ninth Circuit stated that Unitheim "deals with the specific situation of a party's failure to renew, post-verdict, a Rule 50 motion challenging the sufficiency of the evidence in a civil jury trial" and reasoned that "Unitherm is inapposite" to Metcalf's case because the appellants did not "challenge the sufficiency of the evidence on appeal." 3 . Our circuit has repeatedly accepted such claims of retaliation for taking FMLA leave. See, e.g., Arban v. West Publ'g Corp., 345 F.3d 390, 403 (6th Cir.2003) (<HOLDING>); Wysong v. Dow Chemical Co., 503 F.3d 441,
Holding statements: (A) holding that employers oral denial of plaintiffs request for fmla leave showed interference (B) holding that 825220c is a reasonable interpretation of the statutes prohibition on interference with and restraint of employees rights under the fmla 2615a1 and that the labor departments conclusion that employer use of the taking of fmla leave as a negative factor in employment actions violates the act is a reasonable one (C) holding that an employee who did not present evidence that she could have returned to work prior to the expiration of her fmla leave allowance was not entitled to additional leave merely because her employer had not properly provided her with notice that the leave was designated as fmla leave (D) holding that there was sufficient evidence to support the jurys conclusion that west retaliated against arban for taking leave under the fmla (E) holding that employee who exceeded fmla leave was subject to immediate discharge on the very first workday that he was both absent from work and no longer protected by the fmla

Output: holding that employers oral denial of plaintiffs request for fmla leave showed interference

Input: Consider Input: good or replace the loss caused by the wrong or injury * * Black's Law Dictionary 390 (6th ed. 1990) (emphasis added); see also Restatement (Second) Torts 903 (defining compensatory damages as "damages awarded to a person as compensation, indemnity or restitution for harm sustained by him"); Webster's Third New Int'l Dictionary 463 (3rd ed. 1961) (defining compensatory damages as "damages awarded to make good or compensate for an injury sus tained distinguished from punitive damages "). When civil rights plaintiffs seek "damages for violations of constitutional rights, the level of damages is ordinarily determined according to principles derived from the common law of torts." Memphis Community School Dist. v. Stachura, 477 U.S. 299, 306, 106 S.Ct. 2537, 2542, 91 L.Ed.2d 249 (1986) (<HOLDING>). "Punitive damages aside, damages in tort
Holding statements: (A) holding that punitive damages are available in an intentional discrimination action even if the jury does not assess compensatory damages (B) holding that punitive damages which are based on the same underlying action justifying nondischargeability of compensatory damages are likewise nondischargeable (C) holding that when compensatory damages are nominal a much higher ratio of punitive damages to compensatory damages can be contemplated (D) holding that damages based on the abstract value of constitutional rights are not a permissible element of compensatory damages in action under civil rights act of 1871 (E) holding that damages based on the abstract value or importance of constitutional rights are not a permissible element of compensatory damages in such cases

Output: holding that punitive damages are available in an intentional discrimination action even if the jury does not assess compensatory damages

Input: Consider Input: that the County's allegations that MERS violated recording statutes by failing to record assignments stated a claim for relief), In re Thomas, 447 B.R. 402, 412 (Bankr.D.Mass.2011) (applying Massachusetts law and holding that "[w]hile the assignment purports to assign both the mortgage and the note, MERS ... was never the holder of the note, and therefore lacked the right to assign it.... MERS is never the owner of the obligation secured by the mortgage for which it is the mortgagee of record"), and In re Wilhelm, 407 B.R. 392, 404 (Bankr.D.Idaho 2009) (applying Idaho law and holding that MERS is not authorized "either expressly or by implication" to transfer notes as the "nominal beneficiary" of the lender), with Town of Johnston v. MERSCORP, Inc., 950 F.Supp.2d 379, 384 (D.R.I.2013) (<HOLDING>); DeFranceschi v. Wells Fargo Bank, N.A., 837
Holding statements: (A) holding rhode island law does not require recording of assignments among mers members (B) holding that minnesota law does not require recording of assignments of promissory notes among mers members (C) holding that the mere absence of a tape recording or transcript does not mean that an alien is deprived of his due process rights (D) holding that informant acted under color of law when fbi supervised recording (E) holding that a letter describing discussions between board members did not support conclusion that the three members whom a jury could find individually acted with racial animus had an understanding among themselves to do so
Output: holding that minnesota law does not require recording of assignments of promissory notes among mers members