TASK DEFINITION: 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.
PROBLEM: acts of sexual harassment by the plaintiffs co-workers, about which defendants' supervisors neither knew nor should have known, does not give rise to a cognizable sexual harassment claim and will not revive an otherwise stale sexual harassment claim. See Doe v. R.R. Donnelley & Sons Co., 42 F.3d 439, 446 (7th Cir.1994) ("[Because no harassment event occurring during the violation period was ever brought to the attention of [the employer] while [the plaintiff] was still employed, there is no violation during the limitation period that can serve as the anchor for the earlier conduct."). Additionally, the plaintiff cannot rely on the continuing violations doctrine, because there is no nexus between the conduct of the coworkers in 1994 and the earlier incidents going back to 1992. See Id. (<HOLDING>). Accordingly, there being no dispute as to
Holding statements: (A) holding that plaintiff has the burden to demonstrate some nexus between infringement and profits before apportionment can occur (B) holding plaintiff failed to demonstrate disparate treatment because she failed to show she was similarly situated to coworker to whom she compared herself (C) holding that the plaintiff could not rely on the continuing violations doctrine because she had failed to demonstrate a sufficiently close nexus between alleged touching incidents by a supervisor and the later conduct of fellow employees (D) holding that a constitutional claim against nongovernment entities only lies where there is a sufficiently close nexus between the state and the challenged action of the entity so that the action of the latter may be fairly treated as that of the state itself (E) holding that plaintiff cook at a nursing home had sufficiently pled requisite public policy and a close fit where she alleged she was fired for expressing concerns that a fellow employee was contaminating the area where she was preparing food

SOLUTION: holding that plaintiff has the burden to demonstrate some nexus between infringement and profits before apportionment can occur

PROBLEM: first time a party must specify the statute authorizing attorney's fees is in the Rule 54 motion (unless otherwise provided by statute or court order). In Missouri, attorney's fees are not recoverable from another party, except when a contract or statute allows it. Essex Contracting, Inc. v. Jefferson County, 277 S.W.3d 647, 657 (Mo. banc 2009). The second sentence of the Missouri commissions statute is such an exception to the general Missouri rule. Kraft v. Edwards, 946 S.W.2d 775, 776 (Mo.App.1997). The district judge's ruling that there was no statutory basis for an award of attorney's fees is erroneous as a matter of law. On remand, the district court should consider whether to award attorney's fees. See Chem-Trend, Inc. v. Newport Indus., Inc., 279 F.3d 625, 631 (8th Cir.2002) (<HOLDING>). Because this case as tried addressed only
Holding statements: (A) recognizing discretion of district court in determining a fee award (B) holding that the most critical factor in determining the reasonableness of a fee award is the degree of success obtained (C) recognizing district courts discretion to consider pending state charge in determining sentence (D) recognizing court discretion in determining reasonable fee under rule 11 (E) holding that attorneys fee award in a common fund case must be reasonable under the circumstances

SOLUTION: holding that the most critical factor in determining the reasonableness of a fee award is the degree of success obtained

PROBLEM: We distinguished Peck from Al-Hellou, noting that in Peck, the school hired the teacher specifically to work with young people, the teacher's contact with the victim occurred on work premises, and the contact occurred precisely because "both the employee and the victim were required to be on the work premises." Id. at 149-50 (citing Peck, 65 Wn. App. at 287). 49 We determined that, unlike the employer in Peck, Al-Hellou's employer was not liable for the employee's misconduct because (1) the employer did not hire Al-Hellou to work with people; (2) the rape did not occur on the work premises; and (3) "the job duties did not facilitate or enable Al-Hellou to commit the rape" when the victim, who did not live at the apartment building, happened to meet Al-Hellou there. Id. at 149-50 (<HOLDING>). In reaching this conclusion, we noted that
Holding statements: (A) holding that an employer owes a duty to foreseeable victims to prevent the tasks premises or instrumentalities entrusted to an employee from endangering others (B) holding that criminal conduct on premises was not foreseeable (C) holding a business owes a duty to protect invitees from reasonably foreseeable harm by third persons (D) holding that an agent owes a fiduciary duty to his principal (E) holding that the employer remains liable with respect to the duty regardless of the acts or omissions of the person entrusted to perform it

SOLUTION:
holding that criminal conduct on premises was not foreseeable