In Re K-Tel International
Eighth Circuit U.S. Court of Appeals
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The appellants appeal the district court's *fn2 dismissal of their complaint and denial of their motion to amend. The appellants allege the appellees committed securities fraud in violation of section 10(b) of the Securities Exchange Act of 1934 (the Exchange Act), 15 U.S.C. § 78j(b), and related Securities and Exchange Commission (SEC) Rule 10b-5 by failing to make certain accounting adjustments in compliance with Generally Accepted Accounting Principles (GAAP) and by failing to make a timely disclosure regarding a NASDAQ delisting letter. The district court dismissed the complaint for failure to allege the accounting violations with the requisite particularity under Fed. R. Civ. P. 9(b) and for failure to plead facts "giving rise to a strong inference that the defendant[s] acted with the required state of mind" as dictated by the Private Securities Litigation Reform Act (the Reform Act), 15 U.S.C. § 78u-4(b)(2). In re K-tel Int'l, Inc. Sec. Litig., 107 F. Supp. 2d 994 (D. Minn. 2000). We affirm the district court's well reasoned opinion.
- Category: Law
- Published: Aug 07, 2002
- Publisher: LawApp Publishers
- Seller: Innodata Book Distribution Services Inc
- Print Length: 59 Pages
- Language: English