instruction:
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.
question:
District Attorney's Office to discriminate in the jury selection process. On April 26, 2007, the PCRA court issued an order denying Appellant relief and the instant appeal followed. Appellant raises the following claim: The lower court erred by limiting Appellant's hearing solely to proof of a policy or culture of discrimination by the Philadelphia District Attorney and further erred by denying Appellant the opportunity to develop and prove discrimination in his case. Before we proceed with a review of the merits of this issue, we must ascertain whether the PCRA court was correct in its conclusion that Appellant timely filed his fifth PCRA petition for, if he did not, we are without jurisdiction to address his claim. Commonwealth v. Abu-Jamal, 596 Pa. 219, 941 A.2d 1263 (2008) (<HOLDING>). Pursuant to 42 Pa.C.S. 9545(b)(1), any PCRA
Holding statements: (A) holding that railroad immunity act should be strictly construed (B) holding that the time requirements of the statute are as much a part of the jurisdictional threshold as the mandate to file for a rehearing and that the time limits must be strictly construed and may not be waived by ferc or evaded by the courts (C) holding pcra time limits are jurisdictional in nature and must be strictly construed (D) holding that a governments consent to be sued must be construed strictly in favor of the sovereign (E) holding 2513 to be jurisdictional and therefore must be strictly construed
answer:
holding that railroad immunity act should be strictly construed

question:
Executone Info. Sys., Inc. v. Davis, 26 F.3d 1314, 1320 (5th Cir.1994))). 17 . See Executone, 26 F.3d at 1320 ("We must sustain an arbitration award even if we disagree with the arbitrator's interpretation of the underlying contract as long as the arbitrator's decision 'draws its essence' from the contract." (internal quotation marks and citation omitted)). 18 . See also Parsons & Whittemore, 744 F.2d at 1483-84 (recounting that the arbitration panel awarded postjudgment interest at state statutory rate). 19 . We construe the parties' intentions "generously" to determine whether they agreed to arbitrate a particular issue. See Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 626, 105 S.Ct. 3346, 87 L.Ed.2d 444 (1985). 20 . Cf. Newmont, 615 F.3d at 1272, 1276 (<HOLDING>). 21 . Riebesell, 586 F.3d at 794;
Holding statements: (A) holding that court should consider issues relating to making and performance of agreement to arbitrate (B) holding that because the parties agreed to arbitrate and both placed the issue before the arbitrator the issue of consolidation was for the arbitrator (C) holding that because the parties agreed to arbitrate the particular issue any doubt about who should decide the consolidation issue was resolved in favor of the arbitrator (D) holding that companys contention that union repudiated the agreement to arbitrate a particular dispute was a matter for the arbitrator and not the court to decide (E) holding that agreement to arbitrate any dispute arising out of contract authorized arbitrator to decide postjudgment interest issues
answer:
holding that court should consider issues relating to making and performance of agreement to arbitrate

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employer's passive acquiescence in her leaving the premises and driving away in her own vehicle, acts they had no legal right to prevent, is simply not enough to impose a duty on this employer who was totally blameless in the condition [the employee's] intoxicated state that led. to the accident and the plaintiffs injuries. Id. at 105. See also Riddle v. Arizona Oncology Servs. Inc., 186 Ariz. 464, 924 P.2d 468 (App.1996) (finding no duty where supervisor ordered the employee to leave the defendant's premises prior to the end of her shift; employer did not order or require the employee to drive; and the employee's intoxication was not caused, contributed to, or condoned by the employer); Howard v. Delco Div. of General Motors Corp. Inc., 41 Ohio App.3d 145, 534 N.E.2d 936 (1987) (<HOLDING>). As the Tennessee Court of Appeals found in
Holding statements: (A) holding that the employers failure to interact with the employee does not preclude the employee from losing on summary judgment because the employee must still prove that a reasonable accommodation could have been made (B) holding that employee who resigned left voluntarily where employer accepted resignation told employee not to come to work anymore and paid employee through end of notice period (C) holding that employer did not have duty to protect allegedly intoxicated employee from risk that employee would have automobile accident after leaving work (D) holding that employee may claim contract created based on employer promise of severance pay to employee (E) holding that an employer did not regard the employee as disabled because it called the employee back from disability leave to work on a special project
answer:
holding that the employers failure to interact with the employee does not preclude the employee from losing on summary judgment because the employee must still prove that a reasonable accommodation could have been made