Read the following excerpt from a US court opinion:
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argument that he ever sought promotion to any job other than the job to which he was promoted. It is certainly true that a plaintiff’s promotion does not mean he may not be a representative of a class with respect to promotions, but it is equally certain that it is a factor which may be evaluated in considering whether such a person satisfies the requirements of Rule 23. Compare Miller v. Motorola, Inc., 76 F.R.D. 516 (N.D.Ill.1977) (“since plaintiff was hired, promoted, and given an opportunity to transfer, as the undisputed facts show, she cannot properly represent a class consisting of people who were allegedly denied those opportunities because of sex.”); Scott v. University of Delaware, 601 F.2d 76 (3rd Cir. 1979), cert. denied, 444 U.S. 931, 100 S.Ct. 275, 62 L.Ed.2d 189 (1979) . In the present case, the fact that Mr. Spears
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the district court erred in not decertifying the class on the basis of facts adduced at trial including the fact that scott seeks to lead a challenge against the same university hiring policies which resulted in his employment
B. holding the findings of fact required to support an alimony award are sufficient if findings of fact have been made on the ultimate facts at issue in the case and the findings of fact show the trial court properly applied the law in the case
C. holding that the trial court did not err in charging the jury that the defendant was in the custody of the victim officer when he shot and killed the officer due to the undisputed evidence presented at trial including the defendants pretrial statement to police admitting that fact
D. holding that it is the claimants burden to show that the injury was the result of an accident that not only arose in the course of the employment but that it also grew out of or resulted from the employment
E. holding that the district court abused its discretion by decertifying the class without permitting class counsel reasonable time to determine whether a new class representative could be substituted
Reply with [A, B, C, D, E] only.