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:
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
answer:
holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence

question:
this suit ... was a necessary incident to the attorney's effort to establish [the defendants' claim]." Id. Unlike Bosurgi, however, the plaintiffs allegations provide no "basis for an inference" that CARCO conferred authority on Steele to receive service. Cf. Santos v. State Farm Fire and Casualty Co., 902 F.2d 1092,1094 (2d Cir.1990) (noting that service on defendant State Farm's attorneys was improper where the plaintiff offered "no basis for an inference that State Farm had authorized its attorneys to accept service of process"). Accordingly, the court determines that the plaintiff has not shown that Steel was an agent of CARCO for service and that the plaintiffs service on CARCO was therefore deficient. United States v. Ziegler Bolt and Parts Co., Ill F.3d 878, 881 (Fed.Cir.1997) (<HOLDING>); J. and L. Parking Corp. Inc. v. United
Holding statements: (A) holding that even where an attorney exercises broad powers to represent a client in litigation these powers of representation alone do not create a specific authority to receive service (B) recognizing a state agencys powers are limited to 1 (C) recognizing separation of powers doctrine (D) holding that states grant of general corporate powers to hospital authorities does not include permission to use those powers anticompetitively (E) holding that an attorney may only undertake to represent a new client against a former client where there is no confidential information received from the former client that is in any way relevant to representation of the current client
answer:
recognizing a state agencys powers are limited to 1

question:
associated with personal injury." The Court further noted that, "Congress declined to recompense Title VII plaintiffs for anything beyond the wages properly due them." Id., U.S. at -, 112 S.Ct. at 1873-74 (emphasis added). Burke teaches that back pay awards under Title VII are properly considered restitutionary because they constitute the "wages properly due" to the plaintiff. In addition to the foregoing areas, the courts of appeals have authorized equitable back pay awards in a number of other cases. See, e.g., Bertot v. School Dist. No. 1, 613 F.2d 245, 250 (10th Cir.1979) (en banc) (equitable back pay remedy available in Pickering cases); McKinley v. City of Eloy, 705 F.2d 1110, 1116 n. 3 (9th Cir. 1983) (same); Cline v. Roadway Express, Inc., 689 F.2d 481, 488-90 (4th Cir.1982) (<HOLDING>); Dickerson v. Deluxe Check Printers, Inc., 703
Holding statements: (A) holding that claims arising under the age discrimination in employment act may be subject to arbitration (B) holding that the age discrimination in employment act was not preempted by the nlra (C) holding that an award of back pay is an issue for the court (D) holding there was no jury trial right where court ordered reinstatement and back pay to teachers fired after desegregation order in discrimination case back pay is equitable (E) recognizing equitable nature of back pay award under age discrimination in employment act
answer:
holding that claims arising under the age discrimination in employment act may be subject to arbitration