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. 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.
PROBLEM: I. Jurisdiction The Court of Federal Claims has "jurisdiction to render judgment on an action by an interested party objecting to ... a proposed award or the award of a contract or any alleged violation of statute or regulation in connection with a procurement or a proposed procurement," 28 U.S.C. 1491(b)(1) (2012). A party is an "interested party" with standing to bring suit under 28 U.S.C. 1491(b)(1) if the party "is an ' actual or prospective bidder whose direct economic interest would be affected by the award of the contract." Orion Tech., Inc. v. United States, 704 F.3d 1344, 1348 (Fed.Cir.2013). A bidder has a direct economic interest if it suffered a competitive injury or prejudice. Myers Investigative & Sec. Servs., Inc. v. United States, 275 F.3d 1366, 1370 (Fed.Cir.2002) (<HOLDING>). In a post-award bid protest, the protestor
Holding statements: (A) holding that prejudice or injury is a necessary element of standing (B) recognizing that allegation of state action is a necessary element of a 1983 claim (C) holding that an assertion of prejudice is not a showing of prejudice (D) holding that actual prejudice is not a necessary element of an insurers untimely notice defense (E) holding that an antitrust injury is a necessary element of a 2 claim

SOLUTION: (A)

PROBLEM: evidence sufficient to create a genuine factual dispute." Sweats Fashions, 833 F.2d at 1562. Plaintiff has neither submitted materials of his own, nor shown how the materials already in the record create a genuine issue of material fact. He has done nothing more than rest on an ambiguous "general denial": that he has either "refused to accept" his severance pay, or that such pay was never "conveyed" to him." Pl.'s Opp. at 4. This is not enough to survive a summary judgment motion. Put simply, while defendant has met its burden under Celotex properly to support Cl. 736, 756 (2011) (declining to consider a claim for relief not contained in the plaintiffs complaint and first raised in plaintiffs motion for summary judgment); Michels v. United States, 72 Fed.Cl. 426, 431-32 (2006) (<HOLDING>). Defendant cannot be faulted for failing to
Holding statements: (A) holding that a plaintiff may attempt to survive a rule 12b6 motion by adding essential new facts in a brief on appeal (B) holding that a plaintiff cannot avoid dismissal under rcfc 12b6 by asserting a new claim (C) holding that a respondent cannot avoid the initial pleading element by obtaining a dismissal and filing her own suit (D) recognizing that a rule 12b6 motion is an appropriate vehicle on which to seek dismissal of a claim barred by a prescription statute (E) holding that dismissal pursuant to rule 12b6 is appropriate if the plaintiff is unable to articulate enough facts to state a claim to relief that is plausible on its face

SOLUTION: (B)

PROBLEM: to hire, refusals to promote, and reprimands" and can include transfers under some circumstances. Id. at 157 (internal quotation marks and citations omitted). The Fifth Circuit has explicitly declined to add other actions to this category. Id. Dixon alleges anti-union threats, harassment, and illegal threats of termination, see Complaint 49-52, but no actions by Defendants that constitute adverse employment actions. See Breaux, 205 F.3d at 157-58 (citing cases holding that, inter alia, accusations, investigations, and false accusations are not adverse employment actions for purposes of 1983 actions, and concluding that "oral threats or abusive remarks [do] not rise to the level of an adverse employment action"); cf. Mattern v. Eastman Kodak Co., 104 F.3d 702, 708 (5th Cir.) (<HOLDING>), cert. denied, 522 U.S. 932, 118 S.Ct. 336,
Holding statements: (A) holding that for purposes of a title vii retaliation claim an action is cognizable as an adverse employment action if it is reasonably likely to deter employees from engaging in protected activity (B) holding that termination is an adverse employment action (C) holding that verbal threats if they are specific can constitute adverse action for retaliation purposes (D) holding an adverse employment action based on denial or revocation of a security clearance is not actionable under title vii (E) holding that a verbal threat of being fired is not an adverse employment action for purposes of title vii

SOLUTION:
(E)