March 22, 2011 - The court approved the settlement and entered the orders approving the plan of allocation, approving the request for attorneys’ fees and expenses, and dismissing the action with prejudice.
September 23, 2010 - The court preliminarily approved the settlement.

July 28, 2010 - Parties filed a stipulation of settlement.

December 15, 2009 - The court granted in part and denied in part defendants' motion to dismiss.

September 3, 2009 - Defendants filed a motion to dismiss.

August 4, 2009 - The lead plaintiff filed a corrected second amended consolidated complaint.

August 3, 2009 - The lead plaintiff filed a second amended consolidated complaint.

July 9, 2009 - The court granted in part and denied in part defendant's motion to dismiss.

December 8, 2008 - Defendants filed a motion to dismiss.

November 21, 2008 - The lead plaintiff filed a corrected amended consolidated complaint.

October 23, 2008 - The lead plaintiff filed an amended consolidated complaint on behalf of investors who purchased TomoTherapy Inc (NASDAQ: TOMO) common shares between May 9, 2007 and April 17, 2008. The lead plaintiff alleges that the defendants violated the Securities Act of 1933 and the Securities Exchange Act of 1934 by issuing false and misleading statements between May 9, 2007 and April 17, 2008.

September 2, 2008 - Lead plaintiff and lead counsel were appointed and all cases were consolidated.

July 29, 2008 - Lead plaintiff motion was filed.

June 10, 2008 - Another investor filed a complaint on behalf of investors who purchased TomoTherapy Inc (NASDAQ: TOMO) common shares between October 10, 2007 and April 17, 2008. The plaintiff alleges that the defendants violated the Securities Exchange Act of 1934 by issuing false and misleading statements between October 10, 2007 and April 17, 2008.

May 30, 2008 - An investor in shares of TomoTherapy Inc (NASDAQ: TOMO) filed a lawsuit in the U.S. District Court for the Western District of Wisconsin on behalf of all persons who purchased the common stock of TomoTherapy Inc (NASDAQ: TOMO) between February 13, 2008 and April 17, 2008.

The complaint charges TomoTherapy Inc and certain of its officers and directors with violations of the Securities Exchange Act of 1934. TomoTherapy Inc develops, markets, and sells the Hi-Art system, a radiation therapy system for the treatment of various types of cancers.

The complaint alleges that between February 13, 2008 and April 17, 2008 defendants issued a series of materially false and misleading statements regarding TomoTherapy Inc’s revenues and net income. Specifically, the complaint alleges that on February 13, 2008, TomoTherapy Inc reported that for fiscal 2008 it “anticipates revenue of $290 million to $310 million and net income per share in the range of $0.34 to $0.39 per diluted share.” Moreover, the Company touted a strong second half 2008 due to “strong order flow in the second half of 2007 and the projected timing of customers’ construction projects.”

Unbeknownst to shareholders, defendants knew, or should have known, that a greater percentage of TomoTherapy Inc’s backlogged orders were for multi-unit Hi-Art Systems ordered by for-profit entities who had scheduled delivery of the units sequentially. As a result of this delivery schedule, these units would remain in backlog longer than single-unit orders and delivery would be pushed further back in 2008 and even into 2009. Therefore, TomoTherapy Inc had no reasonable basis for its revenue and net income projections for fiscal 2008 because TomoTherapy Inc would not be able to recognize revenue for these multi-unit Hi-Art Systems until late 2008 or 2009.

Then, on April 17, 2008, TomoTherapy Inc announced its estimated 2008 first-quarter results and revised its fiscal 2008 outlook. Specifically, TomoTherapy Inc estimated that 2008 revenues would be in the range of $255 million to $290 million and 2008 net income would be in the range of $0.14 to $0.33 per diluted share. Moreover, TomoTherapy Inc reported that it received fewer new sales orders in Europe and that it had to hire a new Managing Director for European and Middle East operations in April 2008.

Upon this news, on April 17, 2008, the price of TomoTherapy Inc common stock dropped 32%, to close at $9.10 per share, on extraordinary trading volume in excess of eight million shares.