Lawsuit Overview
August 27, 2013 - The U.S. Court of Appeals for the Sixth Circuit affirmed the decision of the district court.
August 2, 2012 - The lead plaintiff filed a notice of appeal.
July 30, 2012 - The court granted the defendants' motion to dismiss and ordered the case closed.
January 30, 2012 - Defendants filed a motion to dismiss.
December 12, 2011 - The lead plaintiff filed an amended complaint on behalf of investors who purchased ZOOG common shares between July 7, 2010 and April 15, 2011. The lead plaintiff alleges that the defendants violated the Securities Exchange Act of 1934 by issuing false and misleading statements between July 7, 2010 and April 15, 2011.
October 19, 2011 - The lead plaintiff and lead counsel were appointed.
September 26, 2011 - A lead plaintiff motion was filed.
July 22, 2011 - An investor in shares of Zoo Entertainment Inc (NASDAQ: ZOOG) filed a lawsuit in the U.S. District Court for the Southern District of Ohio against Zoo Entertainment over alleged violations of Federal Securities Laws in connection with certain allegedly false and misleading statements made between May 17, 2010 and April 15, 2011.
According to the complaint the plaintiff alleges on behalf of investors who purchased shares in Zoo Entertainment Inc (NASDAQ:ZOOG) between May 17, 2010 and April 15, 2011, that Zoo Entertainment Inc violated Federal Securities Laws, specifically Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5, by issuing a series of material misrepresentations to the market which had the effect of artificially inflating the market price.
Zoo Entertainment Inc’s 12 months Total Revenue rose from $36.31 million in 2008 to $48.71 million in 2009. However, Zoo Entertainment Inc reported a Net Loss of $21.70 million, respectively $13.20 million. Zoo Entertainment Inc reported for the first three quarters in 2010 a combined nine months Total Revenue of $45.18 million with a nine months Net Income of $0.12 million.
Shares of Zoo Entertainment Inc (NASDAQ: ZOOG) traded during 2010 around $5 per share and increased to $5.80 per share on January 2011. Then on February 1, 2011 Zoo Entertainment Inc announced its 4th Quarter 2010 performance and Zoo Entertainment Inc (NASDAQ: ZOOG) fell to $3.61 on February 10, 2011.
Zoo Entertainment Inc’s July 2010 public offering prospectus filed with the U.S. Securities and Exchange Commission (“SEC”) contained Zoo Entertainment Inc’s financial results for the three months ended March 31, 2010, reporting $0.26/share basic net income for that period. On April 15, 2011, Zoo Entertainment Inc announced that for the three months ended March 31, 2010, Zoo Entertainment’s actual basic net income for that period was $.03/share — nearly a tenth of what was originally reported in the July 2010 public offering prospectus.
Zoo Entertainment Inc (NASDAQ: ZOOG) shares fell from $5 on April 13, 2011 to as low as $1.66 on May 17, 2011. Recently Zoo Entertainment Inc (NASDAQ: ZOOG) stocks traded slightly below $2.50 per share.