Titan Capital Corp. v. Hollinger

How later courts describe this case

• holding that broker-dealer is fully responsible for the acts of its registered representatives, even where the representative is an independent contractor
• holding that child care workers who deliberately fabricated allegations of child prostitution and pornography in order to have the children removed from foster care pursuant to a court order are not entitled to qualified immunity
• recognizing rule in Third Circuit and following Sharp and five other circuits on this point
• analogizing the information provided by a social worker to obtain orders for placement or entry to the standards for probable cause for a warrant articulated in Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978)
• use of primary jurisdic tion doctrine to bar federal citizen suit would thwart legislative intent behind RCRA and CERCLA
• the insurer was in bad faith by arbitrarily refusing to pay interest in addition to the policy limits when the judgment clearly would exceed the policy limits
• “we do not have occasion to decide whether a search of a private home [in child abuse investigation] without a warrant or probable cause violates the fourth amendment”
• respondeat superior available in securities fraud cases in addition to section 20(a) controlling person liability