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.

Ex Input:
also admitted he personally observed that Gretillat had trouble walking long distances. Indeed, Priske excused Gretillat from making rounds of the facility due to Gretillat's difficulty walking long distances. In April of 2004, Priske admitted that Gretillat's forced resignation arose out of Gretillat's problems with standing and "ambulating." See, e.g., Cannice v. Norwest Bank Iowa N.A., 189 F.3d 723, 727 (8th Cir.1999) (finding "ample evidence" that employee alerted employer to the existence of disability where employee told employer about disability, gave employer information about the ADA, requested an unmonitored telephone line to talk with his "support network," and displayed symptoms of the disability at work); see also Miller, 61 F.3d at 630 (quoting Hedberg, 47 F.3d at 934) (<HOLDING>). Because Care Initiatives was apprised of
Holding statements: (A) holding evidence of a 13 permanent partial disability insufficient to establish disability for purposes of ada (B) holding that if all of an employees coworkers knew that he had a heart condition such knowledge would not amount to notice to the employer that the employee was so limited by a disability as to require special accommodations (C) holding that an employer cannot be held liable under the ada if it had no knowledge of the employees alleged disability (D) holding that an employee who claims to have been terminated by her employer for having exercised her right to disability benefits raised a cognizable claim under 510 of erisa notwithstanding the fact that she received the benefits from her employer prior to termination (E) recognizing that employer has notice of limitation when disability manifests itself to the extent that it would be reasonable to infer that her employer actually knew of the disability

Ex Output:
(E)

Ex Input:
policy, (DE 50, pg. 35), count 6 of the amended complaint is a claim for rescission of the life insurance policies based on "the brokers" fraudulent actions allegedly committed in violation of the brokerage agreements. (DE 50, pg. 33-34). This Court therefore RECOMMENDS that the District Court GRANT the Mo tion to Compel Arbitration as to Defendants Richardson and LBEG. See Provident Bank, 141 F.Supp.2d at 313-314 (granting motion to compel arbitration of claims including fraud, breach of fiduciary-duty, negligence, and rescission where arbitration clause provided that all disputes 'arising out of the agreement were to be settled by arbitration, and because all the claims arose out of alleged breaches of duty imposed by the parties' loan agreement); Sease, 697 F.Supp. at 1192-1193 (<HOLDING>) (citing Shearson Hayden Stone, Inc., 671 F.2d
Holding statements: (A) holding that claims of breach of fiduciary duty negligence and fraud were subject to arbitration in light of broad arbitration clause which called for arbitration of any controversy arising out of or relating to this agreement breach thereof or any aecounts (B) holding that trial court properly denied motion to compel arbitration of claims for fraud and unfair and deceptive trade practices because arbitration clause in agreement only applied to indemnification claims and there were no other arbitration clauses in agreement (C) holding that a clause covering any controversy or claim related directly or indirectly to this agreement was a broad arbitration clause (D) holding that a clause requiring arbitration of any controversy or claim that shall arise out of this agreement or the breach thereof was sufficiently broad to cover a 1934 securities act claim involving fraudulent misrepresentation (E) holding that the language of the arbitration clause any controversy or claim arising out of was broad enough to encompass the plaintiffs claim alleging fraud in the inducement of the contract

Ex Output:
(A)

Ex Input:
(Tr. 1288:7-15.) The Court explained that the mere presence of Melo at the crime scene with the knowledge that a crime is being committed, or "the mere acquiescence by a defendant in [ ] criminal conduct of others even with guilty knowledge" would not justify aiding and abetting liability. (Tr. 1287:25; 1288:1-4.) The jury charge provided all of the elements of aiding and abetting liability and made clear that the jury could not find Melo guilty of aiding and abetting based only on his knowledge that a firearm would be used, carried, or possessed during the robberies. Nooter's decision not to object to the Court's aiding and abetting instruction was reasonable because the charge to the jury was an accurate statement of the law. See Aparicio v. Artuz, 269 F.3d 78, 100 (2d Cir.2001) (<HOLDING>). For the same reason, Melo cannot establish
Holding statements: (A) holding that failure to request jury instruction about manner in which evidence was obtained was not error and thus did not constitute ineffective assistance because defendant was not entitled to instruction (B) holding that trial courts failure to provide additional instructions as to plaintiffs burden of proof in negligence case was not reversible error there having been no proper and accurate request for such instruction (C) holding that the failure to object to a trial courts instruction constitutes waiver (D) holding that because the jury instructions were not improper the failure of petitioners trial counsel to object or request an additional instruction was not objectively unreasonable (E) holding that the failure to object to an instruction constitutes a waiver of error

Ex Output:
(D)