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: any evidence that Qualex's action had any reason to perceive plaintiff as being disabled, any claim that the withdrawal of the offer of employment was motivated by such a perception is purely speculative. As such, plaintiffs claim that defendant Qualex violated the ADA by withdrawing its offer of employment fails as a matter of law. See Hoffman at 1 ("Unsupported speculation does not satisfy a party's burden to produce some evidence in resisting a summary judgment motion."). B. The Drug-free Workplace policy. Plaintiffs second claim is that the "Drug-free Workplace" policy maintained by defendant Qualex is a blanket exclusionary policy, leaving no allowance for the legal use of controlled substances. See Rowles v. Automated Production Systems, Inc., 92 F.Supp.2d 424, 430 (M.D.Pa.2000) (<HOLDING>). Plaintiff further argues that defendant
Holding statements: (A) holding that employers drug policy violated the ada to the extent that it prohibits the use of all legally prescribed controlled substances without a determination that such prohibition is jobrelated and consistent with business necessity (B) holding highest and best use is to be considered to the full extent that the prospect of demand for such use affects the market value (C) holding that the 60day rule under the wisconsin controlled substances act is mandatory and that failure to set the hearing within that period deprived the trial court of jurisdiction (D) holding that the ada exceeds the 5 power at least to the extent it extends beyond remedies for irrational discrimination (E) recognizing that the sentence imposed should be consistent with the protection of the public

SOLUTION: (A)

PROBLEM: a hearing mandated if he can show that a fundamental miscarriage of justice would result from failure to hold a federal evidentiary hearing." Id. at 12, 112 S.Ct. 1715. It appears, however, that AEDPA overruled the "fundamental miscarriage of justice" exception, and that at this time, district courts cannot order evi-dentiary hearings unless the requirements of 2254(e)(2) are met. See Shumate v. Newland, 75 F.Supp.2d 1076, 1084, 1098-99 (N.D.Cal.1999) ("AEDPA, however, has 'reduced considerably the degree of the district court's discretion' by imposing threshold requirements that must be met before a request for an evidentiary hearing may be entertained.") (quoting Baja v. Ducharme, 187 F.3d 1075, 1078 (9th Cir.1999)); Rodriguez v. Zavaras, 42 F.Supp.2d 1052, 1054-55 (D.Colo.1999) (<HOLDING>) (quoting Porter v. Gramley, 112 F.3d 1308,
Holding statements: (A) holding that the aedpa statute of limitations is not jurisdictional (B) holding that evidentiary hearing not necessary where proposed administrative action is based on undisputed material facts (C) holding that aedpa did not codify keeney but instead significantly curtails the availability of evidentiary hearings to develop material facts (D) holding that when a state has given petitioner a full and fair hearing on a claim and he has failed to develop material facts to support it he is not entitled to develop further facts in a federal habeas evidentiary hearing unless he demonstrates either cause for the failure and prejudice resulting therefrom or a fundamental miscarriage of justice (E) holding that an evidentiary hearing may be used to develop the factual basis of a prisoner complaint

SOLUTION: (C)

PROBLEM: S.Ct. 554, 2 L.Ed.2d 539 (1958) ("in considering a motion for summary judgment, the court is entitled to consider exhibits and other papers that have been identified by affidavit or otherwise made admissible in evidence") (emphasis added). Discussion The FMLA was enacted by Congress in 1993, in part to address problems arising from "inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods." 29 U.S.C. 2601(b)(1). The act was designed to provide a balance between "entitling] employees to take reasonable leave for medical reasons" and "accommo-dat[ing] the legitimate interests of employers." 29 U.S.C. 2601(b)(l-2); see Callison v. City of Philadelphia, 430 F.3d 117, 119 (3d Cir.2005) (citing 29 U.S.C. 2601(b)(1)) (<HOLDING>). The FMLA grants eligible employees the right
Holding statements: (A) holding that the trial court must balance the right to counsel of choice against the needs of fairness and the demands of its calendar (B) holding that the effects of the victims deaths upon the families is part of the circumstances of the crime and is properly presented to the jury at the penalty phase (C) holding that both the cfra and the fmla require the employee to provide notice to the employer of the employees intent to take leave (D) holding that 825220c is a reasonable interpretation of the statutes prohibition on interference with and restraint of employees rights under the fmla 2615a1 and that the labor departments conclusion that employer use of the taking of fmla leave as a negative factor in employment actions violates the act is a reasonable one (E) holding that one of the primary purposes of the fmla is to balance the demands of the workplace with the needs of families

SOLUTION:
(E)