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]: of the evidence. Hicks, 509 U.S. at 511, 113 S.Ct. at 2749. In interpreting Hicks, supra, the Second Circuit has stated definitively as follows: [Defendant] misreads the Supreme Court's statement in Hicks that once a defendant produces evidence of a legitimate, nondiscriminatory reason for his or her action, the plaintiff must then establish that the defendant's actions were intentionally discriminatory. [Defendant] takes this statement as requiring the plaintiff to adduce additional evidence after the defendant's production evidence beyond that presented in the plaintiffs prima facie case. Justice Scalia took pains to preclude such an interpretation of the Court's decision when he observed that, upon rejection of the defendant's proffered reasons for its action , 142 (2d Cir.1993) (<HOLDING>), cert. denied, U.S. -, 114 S.Ct. 1189, 127
Holding statements: (A) holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence (B) holding that former employer met its burden of proof that ubc exception applied (C) holding that the burden of proof is on the claimant (D) holding plaintiffs ultimate burden of proof can be met by combining proof submitted in its prima facie case with evidence that defendants proffered reasons for its acts were false (E) recognizing that a plaintiffs burden in establishing a prima facie case is not onerous
[A]: holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence

[Q]: but clear, as a matter of law, that the "military exception" applies only to the person who served in the armed forces not his or her children. As I read Cuevas-Gaspar, no one in that case, much less the mother whose residency status was imputed, served in the United States military. The principle behind the Cuevas-Gaspar imputation rule is to avoid separating children from their permanent resident parents with whom they have resided for a significant period of time in the United States. See Cuevas-Gaspar, 430 F.3d at 1024 ("[W]e are instructed ... that our immigration statutes and regulations are replete with provisions 'giving a high priority to the relation between permanent resident parents and their children.' "); see also Lepe-Guitron v. INS, 16 F.3d 1021, 1025 (9th Cir.1994) (<HOLDING>). The so-called "military exception" of 8
Holding statements: (A) holding that the evidence did not support a finding that the parents intentionally abandoned their child (B) recognizing fundamental right of parents to care for their children (C) recognizing that because the state has cognizable interests in the safety of children in its jurisdiction neglectful parents may be separated from their children (D) recognizing parents fundamental liberty interest in the care custody and management of their children (E) holding in the primary case on which cuevasgaspar relied imputation of a parents residency status to a child may be justified where deportation would sever the bonds between parents and their children who had resided legally in the united states for the better part of their lives
[A]: holding that the evidence did not support a finding that the parents intentionally abandoned their child

[Q]: the extent of Diana's community interest is governed by the fraction formula established in Taggart v. Taggart, 552 S.W.2d 422 (Tex.1977), whereas the value of her interest is governed by the Berry formula. Under the Taggart formula, the extent of the nonmember spouse's community interest in retirement benefits is calculated by dividing the number of months married under the plan by the total number of months employed at retirement. Thus, when applied to his service record, Eddie's purported hybrid Taggart-Berry formula yields the following: Eddie's argument is unavailing for two' reasons. First, and more importantly, the Berry court, though expressly declining to overrule Taggart, significantly altered the Taggart formula. See Shanks v. Treadway, 110 S.W.3d 444, 446 n. 3 (Tex.2003) (<HOLDING>); Wilson v. Uzzel, 953 S.W.2d 384, 390
Holding statements: (A) recognizing the general rule that offerors may revise any aspect of their proposals they see fit including portions that were not the subject of the amendment and discussions (B) recognizing that berry altered the apportionment and valuation portions of the taggart formula (C) holding that it was error for the court to enter a modified agreement which materially altered the agreement reached by the parties (D) recognizing that fdutpa cases apply a benefit of the bargain damages formula (E) recognizing that joint and several liability of 107 seems unfair but the solution is found in apportionment and contribution
[A]:
recognizing the general rule that offerors may revise any aspect of their proposals they see fit including portions that were not the subject of the amendment and discussions