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: commercial, including ... [any maritime contract evidencing a transaction involving commerce], falls under the Convention. An agreement or award arising out of such a relationship which is entirely between citizens of the United States shall be deemed not to fall under the Convention unless that relationship involves property located abroad, envisages performance or enforcement abroad, or has some other reasonable relation with one or more foreign states. For the purpose of this section a corporation is a citizen of the United States if it is incorporated or has its principal place of business in the United States. 9 U.S.C. 201 and 202; see also 9 U.S.C. 2. A seaman's contract that contains an agreement to arbitrate generally falls under the convention. Bautista, 396 F.3d at 1299 (<HOLDING>) (citing Francisco v. STOLT ACHIEVEMENT MT, 293
Holding statements: (A) holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous (B) holding implied covenant of good faith and fair dealing found in some commercial contracts does not extend to atwill employment contracts (C) holding that contracts for an indefinite period are excluded from the statutes coverage (D) holding that at will contracts of employment are subject to tortious interference with contracts claims (E) holding that the convention and us implementing statutes do not recognize an exception for seaman employment contracts and concluding that such contracts are commercial for purposes of same

SOLUTION: holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous

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: of status, positing that we need not address this question because the BIA, in the alternative, considered and denied Petitioner's second application on the merits. However, because we must ensure that we review the correct BIA opinion, which turns on which adjustment application the IJ had jurisdiction to adjudicate, see Cadapan v. Att'y Gen., 749 F.3d 157, 159 (3d Cir. 2014), we i pause to clarify the IJ's jurisdiction. We have held that when the BIA does not expressly retain jurisdiction over a petitioner's case and issues a remand order unlimited in scope and purpose, an IJ has jurisdiction to consider any matters pertinent to that case under the Immigration and Nationality Act (INA) and its implementing regulations. Johnson v. Ashcroft, 286 F.3d 696, 702-03 (3d Cir. 2002) (<HOLDING>) (quoting Matter of Patel, 16 I. & N. Dec. 600,
Holding statements: (A) holding that in exercising its discretion in choosing the appropriate sanction the trial court is not limited to considering only the specific violation committed but is entitled to consider other matters which have occurred during the litigation (B) holding that a remand unless qualified or limited for a specific purpose is effective for the stated purpose and for consideration of any and all matters that the ij deems appropriate (C) holding that unless remand from the bia is qualified or limited to a specific purpose an ij may consider any and all matters he deems appropriate in the exercise of his administrative discretion or which are brought to his attention in compliance with the appropriate regulations (D) holding that where issues were not considered by the bia remand is appropriate (E) holding that any inherent power to remand to the bia for the consideration of additional evidence should not be exercised where i the basis for the remand is an instruction to consider documentary evidence that was not in the record before the bia and ii the agency regulations set forth procedures to reopen a case before the bia for the taking of additional evidence

SOLUTION:
holding that in exercising its discretion in choosing the appropriate sanction the trial court is not limited to considering only the specific violation committed but is entitled to consider other matters which have occurred during the litigation