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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Question: Trimble v. Asarco, Inc., 232 F.3d 946, 955 (8th Cir.2000). This decision strongly suggests that, in pertinent circumstances, conversion of a motion to dismiss into a motion for summary judgment is, as Home Products suggests, "automatic." However, it also suggests that the proper procedure is for the district court expressly to "convert" a motion to dismiss into one for summary judgment. See id. (concluding that the district court had not followed the proper procedure, because it had not converted the motion). However, the decision also suggests that whether or not application of summary judgment standards is appropriate ultimately depends upon whether the parties were provided with adequate opportunity to address the merits of the motion according to summary judgment standards. See id. (<HOLDING>). A slightly earlier decision of the Eighth
Holding statements: (A) holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them (B) holding that appellate review under summary judgment standards was appropriate where the district court despite its procedural error provided the parties with a full opportunity to present all pertinent materials outside the pleadings regarding the issue of response costs and the parties created a complete record on the issue (C) holding issue not properly before the appellate court where appellant fails to demonstrate where in the record an issue was raised in the district court (D) recognizing that the specific argument regarding an issue must be made in the trial court to preserve that issue for appellate review (E) holding that an appellate court has discretion to consider an issue not argued by the parties

Answer: holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them

Question: contractual obligation." Peralta v. Cendant Corp., 123 F.Supp.2d at 65. See Belgrave v. City of N.Y., 1999 WL 692034, *45 (E.D.N.Y.1999) (Gleeson, J.)(dismissing the plaintiffs breach of contract claim where employee claimed that employer failed to follow its procedures for providing equal opportunity to employees); Mutua v. Tex. Roadhouse Mgmt. Corp., 753 F.Supp.2d 954, 968-69 (D.S.D.2010) (Schreier, J.Xgranting summary judgment on a breach-of-contract claim seeking to enforce the anti-discrimination provisions in the employer's employee handbook, because the employer already must abide by Title VII and a promise to perform a legal duty is not consideration for a return promise); Byra-Grzegorczyk v. Bristol-Myers Squibb Co., 572 F.Supp.2d 233, 254 (D.Conn.2008) (Kravitz, J.)(<HOLDING>); Gally v. Columbia Univ., 22 F.Supp.2d 199,
Holding statements: (A) recognizing that idea is simply not an antidiscrimination statute so that pure discrimination claim was not barred by parents failure to exhaust remedies under idea (B) holding that an administrative agency or a state courts finding that an employer had just cause to terminate a plaintiff is not preclusive with regard to the plaintiffs discrimination claim against the employer (C) recognizing that an antidiscrimination policy does not indicate that an employer is undertaking any contractual obligations towards the employee rather it requires the employer to comply with federal and state antidiscrimination laws (D) holding that the employee must at least provide his employer with enough information for the employer to be put on notice that the fmla is a consideration (E) holding an employee is an agent of his employer where the employer assumes the right to control time manner and method of work

Answer: recognizing that idea is simply not an antidiscrimination statute so that pure discrimination claim was not barred by parents failure to exhaust remedies under idea

Question: problem. The state laws at issue in Takaha-shi and Graham were found to interfere with the federal government's regulation of immigration despite the fact that, as here, neither law resulted in the removal or inadmissibility of any aliens. 16 . 66 Stat 163, as amended, 8 U.S.C. 1101 et seq. 17 . Pub.L. No. 104-193, 110 Stat. 2105 (1996). 18 . It is clear, therefore, that PRWORA does not consider mere admission or attendance at a public post-secondary institution to he a public benefit. Otherwise, Virginia would be required to deny admission to illegal aliens, unless the state affirmatively enacted a law allowing for their admission into public colleges and universities. 19 . But see League of United Latin American Citizens v. Wilson, 997 F.Supp. 1244, 1256 (C.D.Cal.1997) ("LULAC II") (<HOLDING>). LULAC II is neither controlling nor
Holding statements: (A) holding that pursuant to prwora and iirira congress had evinced its intention to occupy the field of alien eligibility for postsecondary education and invalidating on federal preemption grounds section 8 of californias proposition 187 which denied public postsecondary education to immigrants not lawfully present (B) holding that exhaustion was not required under a federal education statute where the gravamen of the complaint was not that the plaintiff had been denied the type of education the statute guarantees and hence the relief sought was not available through the statutory appeals process (C) holding that sc const art xi 3 which requires the general assembly to provide for the maintenance and support of a system of free public education guarantees only a minimally adequate education and does not call for this court to dictate what programs are to be used in this states public schools (D) holding that it is impermissible to dismiss a teacher for openly criticizing the board of education on its allocation of school funds between athletics and education and its methods of informing taxpayers about the need for additional revenue (E) holding that postsecondary education support orders are modified pursuant to the statute governing child support modification

Answer:
holding that exhaustion was not required under a federal education statute where the gravamen of the complaint was not that the plaintiff had been denied the type of education the statute guarantees and hence the relief sought was not available through the statutory appeals process