Judge Throws Out Diebold Derivative Suit

Law360, New York (March 4, 2008, 12:00 AM EST) -- A judge has dismissed a shareholders' derivative action alleging that current and former officers and board members of automated teller machine and voting machine maker Diebold Inc. breached their fiduciary duty and wasted company assets.

In an opinion Friday, Judge Sara Lioi of the U.S. District Court for the Northern District of Ohio dismissed the amended consolidated suit, saying that because she was dismissing the only federal claim in the suit, she was not comfortable allowing the state claims to proceed.

Shareholder Minna Recht filed the...
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