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.

[EX Q]: the Title VII limitations period is an affirmative defense; rather, it referred to the filing period as something "like a statute of limitations" which "generally create affirmative defenses." See Gordon, 675 F.2d at 360. Furthermore, Gordon's discussion came in response to the defendant's (rejected) claim that the filing period was jurisdictional and did not purport to address, let alone decide, whether compliance with the filing deadline was condition precedent or an affirmative defense. 13 . Plaintiffs have not argued waiver, estoppel, or that the doctrine of equitable tolling should apply to cure their tardy filings, and based on the facts before us, we see nothing demanding their application. See, e.g., Biester v. Midwest Health Servs., Inc., 77 F.3d 1264, 1267 (10th Cir.1996) (<HOLDING>). 14 . Rather, each housekeeper who was told to
Holding statements: (A) holding that equitable tolling of a statute of limitations may be triggered 1 where a plaintiff has actively pursued his judicial remedies by a filing a defective pleading during the statutory period or 2 where a plaintiff was induced or tricked by his adversarys misconduct into allowing the filing deadline to pass (B) holding that equitable tolling applied where insurance company statements and conduct lulled plaintiff and his attorney into believing that plaintiffs uninsured motorist claim was properly filed (C) recognizing equitable tolling in the title vii context where the plaintiff has been deceived lulled into inaction actively misled or has in some extraordinary way been prevented from asserting his or her rights quotations and citations omitted (D) holding equitable tolling appropriate where a party is prevented in some extraordinary way from exercising his rights (E) holding title vii subject to equitable tolling
[EX A]: (C)

[EX Q]: to preserve evidence exists between a third party and another in the absence of a special relationship, such as one created by contract or statute. Id. Under that analysis, this court will need to consider the primary purpose of the third-party here, Giant Eagle. (2) "Duty" of a third-party employer to its employee Pennsylvania courts have not directly considered whether the existence of an employer/employee relationship creates a duty on the part of a third-party employer to preserve evidence of a work-related accident for a potential products liability suit by an employee. Courts in other jurisdictions have held that there is no such duty. See Wilson v. Beloit Corp., 725 F.Supp. 1056, 1058 (W.D.Ark.1989); Panich v. Iron Wood Prods. Corp., 179 Mich.App. 136, 445 N.W.2d 795, 797 (1989) (<HOLDING>); Koplin v. Rosel Well Perforators, Inc., 241
Holding statements: (A) holding that neither common law nor workers disability compensation act imposed affirmative duty on employer to preserve evidence which might be used in employees thirdparty liability action (B) holding that a claim did not arise under a workers compensation law when it stated a right to relief in tort and sought common law damages distinct from statutory compensation scheme (C) holding that thirdparty tortfeasor has right to contribution from employer up to amount of employers workers compensation liability (D) holding that prohibition may not be used to raise affirmative defense of workers compensation immunity (E) holding that no independent commonlaw duty exists on the part of an employer to preserve evidence for an employees potential civil action against third parties
[EX A]: (A)

[EX Q]: the state could have elected to charge Reynolds with both burglary and theft and, upon conviction, would have been entitled to a separate sentence on both charges. Reynolds cannot complain that it was improper to deny an instruction on theft that would have permitted the jury to consider the offense only as a lesser alternative to burglary. Reynolds' conviction is REVERSED, and this case is REMANDED for a retrial in conformity with the views expressed herein. 1 . See Whitton v. State, 479 P.2d 302, 306-314 (Alaska 1970). 2 . See abo Catlett v. State, 585 P.2d 553, 558 (Alaska 1978) (citing Mead with approval in holding that offenses of grand larceny and theft from an airplane do not merge and are subject to separate punishment). 3 . Cf. State v. Occhipinti, 562 P.2d 348 (Alaska 1977) (<HOLDING>). 4 .Here, as in Mead, "we are presented with
Holding statements: (A) holding that as a matter of state law nonmutual offensive issue preclusion does not apply against the state (B) holding that when the state prosecutes and obtains a conviction on separate charges as to which the rule of merger does not apply the state is entitled as a matter of law to a conviction and a separate sentence on each charge (C) holding unanimity requirement not violated when charge stated two separate counts with two separate and distinct offenses in each case (D) holding the petitioners challenge of his conviction is not rendered moot by the expiration of the underlying sentence because collateral consequences flowing from the conviction give the petitioner a substantial stake in the judgment of conviction which survives the satisfaction of the sentence imposed on him (E) holding defendant who voluntarily dismissed his appeal of one conviction based on plea agreement for separate charges was not entitled to outoftime appeal
[EX A]:
(B)