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Securities,
Civil Litigation,
Corporate,
9th U.S. Circuit Court of Appeals

Mar. 9, 2018

In shareholder suit, 9th Circuit says solar company made honest accounting mistake

The ruling was based on a standard set by Tellabs Inc. v. Makor Issues & Rights Ltd., which requires that scienter must be “more than merely plausible or reasonable.”

In shareholder suit, 9th Circuit says solar company made honest accounting mistake
Judge Milan D. Smith Jr. wrote the opinion for a unanimous panel of the 9th U.S. Circuit Court of Appeals.

The 9th U.S. Circuit Court of Appeals has affirmed the dismissal of a shareholder suit against SolarCity Corporation that claimed the company erroneously altered its accounting formula before it went public to inflate its profitability.

SolarCity is a subsidiary of Tesla Inc. The San Mateo company specializes in services such as the sale and leasing of commercial and residential solar panels.

The f...

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