Legal Opinion

Konkol v. Diebold, Inc.

Court of Appeals for the Sixth Circuit

Decided December 22, 2009No. 08-4572PublishedCited by 32 opinions

1Opinion of the Court

OPINION

RONALD LEE GILMAN, Circuit Judge.

Janice Konkol and several other investors filed a class-action securities-iraud lawsuit against Diebold, Inc. (Diebold or the Company), alleging that between 2008 and 2005 Diebold engaged in a series of schemes to prematurely recognize revenue in order to inflate the price of its stock. Holding that the investors’ complaint failed to sufficiently allege scienter, the district court dismissed the lawsuit for failure to state a claim. The investors appeal that holding, as well as the district court’s failure to explain its refusal to allow them to file a…

2Cases cited23 opinions

  1. Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
  2. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  3. Zucco Partners, LLC v. Digimarc Corp.Court of Appeals for the Ninth Circuit · 2009
  4. Allen W. Rose v. Hartford Underwriters Insurance CompanyCourt of Appeals for the Sixth Circuit · 2000
  5. Robert Garfield v. NDCHealth CorporationCourt of Appeals for the Eleventh Circuit · 2006

18 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Colvin v. CarusoCourt of Appeals for the Sixth Circuit · 2010
  2. Cutera Securities Litigation v. ConnersCourt of Appeals for the Ninth Circuit · 2010
  3. Louisiana School Employees' Retirement System v. Ernst & Young, LLPCourt of Appeals for the Sixth Circuit · 2010
  4. Frank v. Dana Corp.Court of Appeals for the Sixth Circuit · 2011
  5. Satish Doshi v. General Cable CorporationCourt of Appeals for the Sixth Circuit · 2016

27 more not listed; retrieve them via the Exa API.

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