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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.
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or require the information it did. In light of the information possessed by the District as of June 2, 2011, the District's interference with Rutherford's right to return began then, and continued until the District ultimately terminated him. Once a technical violation of the FMLA has been establishedand here, the undisputed facts show that a violation occurredthe interference inquiry turns to whether the plaintiff experienced prejudice resulting from the violation. Ridings v. Riverside Medical Center, 537 F.3d 755, 764 (7th Cir. 2008). The District arg e his fitness to return to work, he had such proofa note from his doctor stating that he was fit to workand attempted to present it on June 2, 2011. See Vannoy v. Fed. Reserve Bank of Richmond, 827 F.3d 296, 302 (4th Cir. 2016) (<HOLDING>). Instead of reinstating him, the District kept
Holding statements: (A) 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 (B) holding a plaintiff to be ineligible for fmla leave wherein the plaintiff had not accumulated enough work hours (C) holding that a plaintiff who was unable to return to work before his fmla leave expired did not allege any denial of an fmla right but noting that ragsdale left open the possibility that employees could recover for notice violations on a casebycase basis if there was actual harm resulting from the violations (D) holding that both the cfra and the fmla require the employee to provide notice to the employer of the employees intent to take leave (E) holding that sufficient evidence of prejudice existed where plaintiff would have structured leave differently but employer had not provided notice of fmla right to reinstatement
answer:
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

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on the circuit court orders and the statements of defense counsel at the hearing. We hold that neither the doctors nor the trial court could rely on facts and legal conclusions within the circuit court orders. Thus, the doctors' assertions at the hearing, which were based on facts within the orders, constituted factual statements of counsel. Moreover, the orders were, in effect, memoranda submitted by counsel. In any event, the trial court could not properly consider factual statements from either when deciding the motions, however they are characterized. Cf. Stiles v. Onorato, 318 S.C. 297, 457 S.E.2d 601 (1995) (noting that the ruling on a 12(b)(6) motion to dismiss must be based solely upon the allegations set forth on the face of the complaint); Gilmore, 290 S.C. 53, 348 S.E.2d 180 (<HOLDING>). This is not to say that circuit court orders
Holding statements: (A) holding that the judge cannot consider factual statements of counsel in a motion for summary judgment (B) holding that unsworn statements may not be considered on a motion for summary judgment (C) holding that a trial court can only consider admissible evidence in ruling on a motion for summary judgment (D) holding that motion to dismiss cannot be treated as summary judgment (E) holding that conclusory statements without factual support are of no value to the court when deciding a summary judgment motion
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holding that unsworn statements may not be considered on a motion for summary judgment

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Wright, 497 U.S. at 819, 110 S.Ct. at 3148, 111 L.Ed.2d at 655). Such guarantees of trustworthiness are gleaned from the totality of circumstances "that surround the making of the statement and that render the declarant particularly worthy of belief." Id. Corroborating evidence, however, may not be used to demonstrate trustworthiness: "the statement must be trustworthy on its own." Id. (emphasis in original). [ 38.] The trial court concluded that the victim's statements in this case were both relevant and probative. See State v. Davi, 504 N.W.2d 844, 854 (S.D.1993). Accordingly, it admitted the statements under SDCL 19-16-6, the excited utterance exception, SDCL 19-16-7, the state of mind exception, and SDCL 19-16-35, the residual exception. [ 39.] Only one statement was admitt 96) (<HOLDING>); State v. Jones, 137 N.C.App. 221, 527 S.E.2d
Holding statements: (A) holding statements admissible to rebut defendants claims of selfdefense suicide or accidental death (B) holding that evidence of customer inquiries is admissible under the state of mind exception to the hearsay rule (C) holding victims statements to coworkers admissible to rebut defendants claim that they had a good marriage (D) holding that victims statements were hearsay admissible under the state of mind exception to the hearsay rule and constitutionally permissible under ohio v roberts citations omitted (E) holding victims statements admissible under state of mind exception to rebut defendants claim of accident andor suicide
answer:
holding statements admissible to rebut defendants claims of selfdefense suicide or accidental death