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.

Ex Input:
in the record of any possible medical treatment that Monroe County or the individual defendants could have provided to save the life of the Decedent. Phillips argues in her brief that it is not necessary for her to prove chemotherapy would have saved the Decedent's life. First, she refers to the fright and anxiety both she and the Decedent suffered because of the delay in chemotherapy. In this regard, Phillips confuses the causation issue. In a survival action, damages for the Decedent's physical suffering and mental anxiety as a result of the alleged deprivation of medical care would have been appropriate. In a wrongful death context, however, no damages are available until the plaintiff has cleared the causation hurdle. See Wilks v. Am. Tobacco Co., 680 So.2d 839, 842 (Miss.1996) (<HOLDING>). Second, Phillips suggests that she need only
Holding statements: (A) recognizing cause of action for wrongful death (B) holding that plaintiffs failure to prove decedents death was caused by the wrongful acts of the defendant precludes any recovery of wrongful death damages under mississippis wrongful death statute (C) holding unconstitutional a state wrongful death statute which denied illegitimate children the right to recover for the wrongful death of their mother (D) holding that a failure to include a beneficiary in a wrongful death action is a defect because the wrongful death act restricts plaintiffs to a single action (E) holding that mississippis wrongful death statute creates an independent cause of action

Ex Output:
recognizing cause of action for wrongful death

Ex Input:
Mickey v. Zeidler Tool & Die Co., 516 F.3d 516, 523-26 (6th Cir.2008). Here, the Plaintiff was terminated by the Defendants three weeks after the filing of the Complaint in this case. This close temporal proximity between the Plaintiffs protected activity and the adverse employment action is sufficient evidence such that a reasonable juror could conclude that the adverse employment action would not have occurred but for his engagement in pro tected activity. See Dixon v. Gonzales, 481 F.3d 324, 334 (6th Cir.2007) ("This Court typically [has] found the causal connection element [is] satisfied only where the adverse employment action occurred within a matter of months, or less, of the protected activity"); see also Herrera v. Churchill McGee, LLC, 545 Fed.Appx. 499, 501 (6th Cir.2013) (<HOLDING>); Shefferly v. Health Alliance Plan of Mich.,
Holding statements: (A) holding that a temporal proximity of one month between the plaintiffs protected activity and adverse employment action was sufficient to establish a causal connection (B) holding in a discrimination case that a close temporal proximity sufficient to survive summary judgment existed where the challenged employment action occurred one month after the protected activity (C) holding that intervening misconduct can sever the temporal proximity connection between the protected conduct and the adverse employment (D) holding that temporal proximity between the alleged retaliators knowledge of a protected activity and an adverse employment action may be sufficient to establish causal connection or retaliatory motive in some cases (E) holding that five weeks between protected activity and adverse employment action insufficient to establish a causal connection

Ex Output:
holding in a discrimination case that a close temporal proximity sufficient to survive summary judgment existed where the challenged employment action occurred one month after the protected activity

Ex Input:
1, 1953, until August 2, 1974, a period of 21 years and 2 months. At the time of his retirement, Falardo was eligible for both a "for service" retirement ("Service Retirement"), which requires 20 years of service, and an ordinary disability retirement ("Disability Retirement"). Only retirees who satisfy the Service Retirement prerequisites are eligible to receive benefits from the VSF. See N.Y.C. Admin. Code ("Code") 13-271(a)(8). Falardo alleges that the Police Pension Board and his Police Benevolent Association ("PBA") representative failed to inform him 707 N.E.2d 444 (N.Y.1998), cert. denied, 526 U.S. 1131, 119 S.Ct. 1804, 143 L.Ed.2d 1008 (1999); Bergamine v. Patrolmen's Benevolent Ass'n of the City of New York, Inc., 202 A.D.2d 201, 608 N.Y.S.2d 431 (App. Div. 1st Dep't 1994) (<HOLDING>), appeal denied, 83 N.Y.2d 758, 615 N.Y.S.2d
Holding statements: (A) holding that state law fraud claims are preempted by the federal labor law duty of fair representation (B) holding that unions interpretation of a contractual provision necessarily favorfing some workers over others did not violate the duty of fair representation (C) holding that sixmonth duty of fair representation statute of limitations applicable to claim alleging breach of union contract (D) holding that the pba did not violate its duty of fair representation by not taking steps to insure plaintiffs would receive vsf benefits (E) holding intentional conduct without rational basis is arbitrary breach of duty of fair representation

Ex Output:
holding that state law fraud claims are preempted by the federal labor law duty of fair representation