On December 22nd, the Sixth Circuit affirmed the dismissal of a class action securities fraud complaint. The court found that the plaintiffs failed to adequately plead scienter, which cannot be inferred simply from the defendants' positions in the company. According to the court, neither the complaint nor the proposed amended complaint stated with particularity facts giving rise to a strong inference of scienter. Instead, the allegations were general and lacked details. Konkol v. Diebold, Inc.