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: that any negligent infliction claim remains before us on this appeal (as none has been separately argued) that claim is preempted for the same reasons. III. Conclusion We hold that Humble's intentional infliction/tort of outrage claim is preempted on the facts of this case, and her race and nationality discrimination claims have been abandoned. Humble's reasonable accommodation claim under the WLAD is not preempted, and we remand that claim for further proceedings consistent with this opinion. Humble requests that a remand to state court for the latter claim be ordered, but we leave it to the district court to make that discretionary determination. REVERSED AND REMANDED. 1 . 29 U.S.C. 185(a). 2 . Allis-Chalmers Corp. v. Lueck, 471 U.S. 202, 216, 105 S.Ct. 1904, 85 L.Ed.2d 206 (1985) (<HOLDING>). 3 . Id. at 213, 105 S.Ct. 1904. Without
Holding statements: (A) holding that plaintiffs state law claim against a nonsignatory to the cba was preempted by 301 (B) holding that broad language releasing all claims whether in contract tort or otherwise necessarily included a bad faith claim (C) holding that a bad faith claim is a tort (D) holding that future benefits are available upon a finding of bad faith because repudiation is a legal conclusion which the trial court reaches after the fact finder makes its determinations about whether there was a breach and whether the breach was in bad faith (E) holding that a state law tort of bad faith was necessarily based on breach of duties contained in the cba and was therefore preempted

A: holding that plaintiffs state law claim against a nonsignatory to the cba was preempted by 301
****
Q: was pending on, AEDPA's effective date. See Lindh v. Murphy, 521 U.S. 320, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997); United States v. Skandier, 125 F.3d 178 (3d Cir.1997). "Because the District Court relied entirely upon the state court record and did not hold an evidentiary hearing, our review [of the District Court's decision] is plenary." Hassine v. Zimmerman, 160 F.3d 941, 947 (3d Cir.1998) (citing Johnson v. Rosemeyer, 117 F.3d 104, 109 (3d Cir.1997)). Like the District Court, we must presume all state court factual findings to be correct, 28 U.S.C. 2254(d), but we "exercise plenary review over state court conclusions on mixed questions of law and fact and pure issues of law." Hassine, 160 F.3d at 947; see Miller v. Fenton, 474 U.S. 104, 105, 106 S.Ct. 445, 88 L.Ed.2d 405 (1985)(<HOLDING>); Sumner v. Mata, 455 U.S. 591, 597, 102 S.Ct.
Holding statements: (A) holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review (B) holding that the jones act provides an independent basis for subject matter jurisdiction (C) holding that subject matter questions may be but are not necessarily decided before questions of personal jurisdiction (D) holding that petitions for confirmation or vacatur must show how the ultimate disposition of the matter by the federal court necessarily depends on resolution of a substantial question of federal law (E) holding that while subsidiary factual questions are subject to 2254ds presumption the ultimate legal question of confessions constitutional voluntariness is a matter for independent federal determination

A: holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review
****
Q: need not even be asked unless the defendant also establishes a nexus to the crime. The State claims that "the Fifth Circuit's Penry I jurisprudence is not at issue" in this case. Brief for Respondent 35, n. 21; Tr. of Oral Arg. 33. To the contrary, that jurisprudence is directly at issue because the Fifth Circuit denied Tennard relief on the ground that he did not satisfy the requirements imposed by its "constitutional relevance" test. As we have explained, the Fifth Circuit's screening test has no basis in our precedents and, indeed, is inconsistent with the standard we have adopted for relevance in the capital sentencing context. We therefore hold that the Fifth Circuit assessed Tennard's Penry claim under an improper legal standard. Cf. Miller-El v. Cockrell, 537 U. S., at 341 (<HOLDING>). C We turn to the analysis the Fifth Circuit
Holding statements: (A) holding on certiorari review of the denial of a coa that the fifth circuit had applied an incorrect standard by improperly merging the requirements of two statutory sections (B) holding that review by common law certiorari in district courts of appeal is limited to circuit court decisions constituting denial of procedural due process application of incorrect law or miscarriage of justice (C) holding that the standard of review for the denial of a motion for reconsideration is governed by the law of the regional circuit (D) holding that the judge did not abuse his discretion but applied an incorrect standard (E) holding that the standard of review for the denial of rule 11 sanctions is governed by the law of the regional circuit

A:
holding that review by common law certiorari in district courts of appeal is limited to circuit court decisions constituting denial of procedural due process application of incorrect law or miscarriage of justice
****