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.

Input: Consider Input: relevant facts. See Mot. at 13-14. Defendant, too, claimed in its subsequent statement of the issues that this talk happened between April 1 and April 4 and cited the same supportive evidence to this effect. See SOF, 73 (citing Howe Dep. at 32:7-12, 34:12-19 and May 13, 2014, Howe Email). Because Marks never refuted this fact by offering his own statement of the issues, as required under Local Rule 7(h), the Court could thus consider WWL's account admitted on this ground alone. See LCvR 7(h) ("[I]n determining a motion for summary judgment, the Court may assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to- the motion."); Jackson, 101 F.3d at 153 (<HOLDING>). The Court, however, need not rest on this
Holding statements: (A) holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion (B) holding district court has complete discretion whether to treat facts as conceded where local rule is violated (C) holding the district court did not abuse its discretion by applying local rules that excluded some of the material facts offered in opposition to a motion for summary judgment (D) holding that the predecessor to local rule 561b3 provides the only acceptable means of presenting additional facts to the district court (E) holding a district court has discretion under rule 55b2 once a default is determined to require proof of necessary facts and need not agree that the alleged facts constitute a valid cause of action

Output: (B)

Input: Consider Input: omitted)). This is a fact-intensive inquiry that requires a finder of fact to consider numerous relevant factors, including "substantially identical management, business purpose, operation, equipment, customers, supervision, and ownership." Int'l Union of Operating Eng'rs, Local 150, AFL-CIO v. Rabine, 161 F.3d 427, 433 (7th Cir.1998). Intent to evade union obligations, though not the keystone to proving alter ego in some other circuits, is the most critical factor in the Seventh Circuit. Compare Trs. of Pension, Welfare & Vacation Fringe Benefit Funds of IBEW Local 701 v. Favia Elec. Co., 995 F.2d 785, 789 (7th Cir.1993) (quoting Centor Contractors, 831 F.2d at 1312), with Rd. Sprinkler Fitters Local Union No. 669, U.A., AFL-CIO v. Dorn Sprinkler Co., 669 F.3d 790, 794 (6th Cir.2012) (<HOLDING>). 1. Ownership, management, operation, and
Holding statements: (A) holding that collective bargaining agreements cannot compel the arbitration of statutory rights (B) holding that intent to evade collective bargaining obligations is merely one factor among many that must be considered (C) holding that exercising control over other participants is one factor among many that should be considered not a requirement for applying the adjustment (D) holding that a debtorinpossession could reject a collective bargaining agreement (E) holding terms of collective bargaining agreement only a factor in weighing reasonableness of accommodation

Output: (B)

Input: Consider Input: policy of encouraging people to take reasonable care for their own safety precludes imposing a duty on the possessor of land to make ordinary steps 'foolproof.'" Bertrand, 537 N.W.2d at 189. D. Cudney also raises a new argument on appeal. She claims that the Tort Reform Act of 1995 abolished the open and obvious danger doctrine. We need not consider an argument raised for the first time on appeal. GenCorp, Inc. v. American Int'l Underwriters, 178 F.3d 804, 817 (6th Cir.1999). In any event, we note that the Michigan courts have continued to apply the doctrine, see, e.g., Millikin, supra, and we assume that the Michigan Legislature was aware of the doctrine when it promulgated the Tort Reform Act. See Dick v. Dick, 210 Mich.App. 576, 534 N.W.2d 185, 190 (per curiam) (Mich.Ct.App.1995) (<HOLDING>). III. For all the foregoing reasons, the
Holding statements: (A) holding that the courts will not read language into a statute where it would result in an enlargement of the statute by the court so that what was omitted may be included within its scope (B) recognizing common law privileges (C) holding that the statute in question served to modify prior common law and that the legislature was empowered to make such changes in the common law based on the public interest (D) recognizing obligation to read the language of the statute in light of previously established common law (E) holding that determination of interests conveyed in nineteenthcentury transfers requires a close examination of the conveying instruments read in light of the common law and statutes of vermont then in effect
Output: (D)