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: defense, or a development in the controlling law that foreclosed the claim. The record here betrays no significant change in circumstances prior to trial that reasonably should have caused the plaintiffs to conclude that their claims were no longer viable. In fact, the most notable development in the case prior to trial sent a contrary signal: the court denied the Mayor's post-discovery summary judgment motion as to the plaintiffs' central political discrimination claim. While the fact that a claim has survived summary judgment is not, on its own, "entitled to decretory significance," Foster, 943 F.2d at 144, it has some value in determining whether a claim was or became unreasonable or without foundation. See id.; Walker v. NationsBank of Fla. N.A., 53 F.3d 1548, 1559 (11th Cir.1995) (<HOLDING>); Jensen v. Stangel, 762 F.2d 815, 818 (9th
Holding statements: (A) holding that district court abused its discretion in finding suit unreasonable and groundless where inter alia the court had denied two prior summary judgment motions (B) holding district court abused its discretion in admitting state court findings of fact (C) holding that the trial court grants or denies motions for summary judgment on the basis of what is contained in the motions for summary judgment and the responses thereto (D) holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint (E) holding district court did not abuse its discretion in ruling on summary judgment motion where inter alia plaintiff had been given repeated notices court intended to rule on motion and it was plaintiffs burden to rebut defendants evidence

SOLUTION: (A)

PROBLEM: for a mitigating role adjustment pursuant to U.S.S.G. 3B1.2. Section 3B1.2 "authorizes a four-level reduction in offense level if the defendant is deemed a 'minimal' participant in the criminal activity! ] [and] a two-level reduction if he is deemed a 'minor' participant...." United States v. Skinner, 690 F.3d 772, 783 (6th Cir. 2012). The difference between "minimal" and "minor" is "not just semantic," United States v. Lopez, 937 F.2d 716, 728 (2d Cir. 1991), and the standards are not interchangeable. See U.S.S.G. 3B1.2 cmt. n. 5 (defining a "minor participant" as "a defendant ... who is less culpable than most other participants in the criminal activity, but whose role could not be described as minimal") (emphasis added); United States v. Friedman, 998 F.2d 53, 60 (2d Cir. 1993) (<HOLDING>). Both Griffith and the Government focus their
Holding statements: (A) recognizing this distinction (B) holding that there is no distinction in the right to jury trial between sentencing factors and elements (C) recognizing distinction between two types of waiver (D) holding that the district court improperly used the two different standards under ussg 3b12 interchangeably thus blurring the distinction between section 3b12a and b (E) recognizing distinction between tolling and estoppel

SOLUTION: (D)

PROBLEM: ted unwanted fondling and rubbing of plaintiffs breasts and buttocks and unwanted kissing on the cheek over a seven-month period, despite her protests on every occasion, was sufficiently severe or pervasive). In these cases, the pervasiveness of the alleged conduct was sufficient to alter the terms or conditions of the plaintiffs employment. By contrast, Paul's sexual harassment claim relies exclusively on a single confrontation with Barattini, which, according to her brief, lasted a total of approximately a minute and a half. We therefore agree with the district court's finding that Barattini's alleged conduct was clearly not pervasive, and are left with the task of assessing its severity. This circuit's case law reveals that isolated incidents may form the , 328 (5th Cir.2004) (<HOLDING>); Derouen v. Carquest Auto Parts, Inc., No.
Holding statements: (A) holding that extending immunity to contractors under the act would not further the purpose behind the act (B) holding that three sexually suggestive comments over a three month period were not frequent enough nor severe enough to be unreasonable interference with the plaintiffs work environment (C) holding that conduct was not sufficiently severe or pervasive where over twoweek period a coworker stood behind the plaintiff to create physical contact surreptitiously looked at the plaintiffs genitals in the restroom and engaged in unwanted touching (D) holding that conduct of supervisor who grabbed plaintiff on the buttocks and made suggestive comments while she was conversing with another employee was not sufficiently severe or pervasive to alter a term or condition of plaintiffs employment (E) holding that sexually suggestive comments slapping plaintiff on the behind with a newspaper grabbing or brushing up against plaintiffs breasts and behind and attempting to kiss plaintiff did not qualify as severe

SOLUTION:
(E)