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KONKOL v. DIEBOLD, INC.

No. 08-4572.

590 F.3d 390 (2009)

Janice KONKOL et al., Plaintiffs-Appellants, v. DIEBOLD, INC. et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 22, 2009.

Attorney(s) appearing for the Case

ARGUED: Geoffrey M. Johnson, Scott & Scott, LLP, Cleveland Heights, Ohio, for Appellants. John M. Newman, Jr., Jones Day, Cleveland, Ohio, for Appellees. ON BRIEF: Geoffrey M. Johnson, Scott & Scott, LLP, Cleveland Heights, Ohio, for Appellants. John M. Newman, Jr., Geoffrey J. Ritts, Jones Day, Cleveland, Ohio, John F. McCaffrey, McLaughlin & McCaffrey, Cleveland, Ohio, John D. Parker, Baker & Hostetler, Cleveland, Ohio, D. Jeffrey Ireland, Martin A. Foos, Faruki, Ireland & Cox P.L.L., Dayton, Ohio, Donna M. Donlon, McKenna Long & Aldrige, LLP, Washington, D.C., for Appellees.

Before: GILMAN and GIBBONS, Circuit Judges; ANDERSON, District Judge.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Janice Konkol and several other investors filed a class-action securities-fraud lawsuit against Diebold, Inc. (Diebold or the Company), alleging that between 2003 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...

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