Harvard Law Review, 124: 7 (2011)
Volume 124 · May 2011 · Number 7
Article III and the Scottish Judiciary
James E. Pfander and Daniel D. Birk
Trevor W. Morrison
New York Court of Appeals Clarifies Standard for Imputability of an Agent’s Fraudulent Conduct to Its Principal in the Context of an In Pari Delicto Defense. — Kirschner v. KPMG LLP, 938 N.E.2d 941 (N.Y. 2010).
Fourth Circuit Holds that State Public Nuisance Suit Against Electricity-Generating Plant Emissions Is Preempted by the Clean Air Act Regime. — North Carolina ex rel. Cooper v. TVA, 615 F.3d 291 (4th Cir. 2010).
Ninth Circuit Holds that Dispute over Private Card Check Agreement Is Subject to Primary Jurisdiction of NLRB. — International Union of Painter & Allied Trades, District 15, Local 159 v. J & R Flooring, Inc., 616 F.3d 953 (9th Cir. 2010).
Congress Expands Incentives for Whistleblowers to Report Suspected Violations to the SEC. — Dodd-Frank Act, Pub. L. No. 111-203, § 922, 124 Stat. 1376, 1841–49 (2010) (to be codified at 15 U.S.C. § 78u-6).