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Case Status:    DISMISSED    
On or around 02/15/2005 (Date of order of final judgment)

Filing Date: March 03, 2004

According to the Company’s FORM 10-KSB For The Fiscal Year Ended December 31, 2004, on September 3, 2004, plaintiffs filed an amended complaint in the action that named only the Company and its former chairman. The amended complaint alleges violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and seeks unspecified damages on behalf of a purported class of plaintiffs consisting of persons who acquired the Company’s common stock from February 1, 2002 through and including March 21, 2002. The Company is named only in the count alleging violation of Section 10(b). On October 21, 2004, the Company filed a motion to dismiss the amended complaint on the ground that it fails to state a claim upon which relief can be granted. On February 4, 2005, the court ruled in the Company’s favor and dismissed the lawsuit with prejudice.

As disclosed by the Company's Form 8-K filed in the SEC dated May 26, 2004, the complaint alleges breach of fiduciary duty and violations of Section 10b of the Securities Exchange Act of 1934, and seeks an award of $4,500,000 on behalf of a purported class of plaintiffs consisting of persons who acquired Diomed's common stock during the class period. The action seeks an award of $4.5 million on behalf of a purported class of plaintiffs.

Note: The suit includes as defendents Diomed's former CEO and former chairman, according to the filing. Diomed's former chairman, Mr. Arkoosh, resigned from the board at the end of 2002.

COMPANY INFORMATION:

Sector: Healthcare
Industry: Medical Equipment & Supplies
Headquarters: United States

SECURITIES INFORMATION:

Ticker Symbol: DIO
Company Market: American SE
Market Status: Public (Listed)

About the Company & Securities Data


"Company" information provides the industry and sector classification and headquarters state for the primary company-defendant in the litigation. In general, "Securities" information provides the ticker symbol, market, and market status for the underlying securities at issue in the litigation.

In most cases, the primary company-defendant actually issued the securities that are the subject of the litigation, and the securities information and company information relate to the same entity. In a small subset of cases, however, the primary company-defendant is not the issuer (for example, cases against third party brokers/dealers), and the securities information and company information do not relate to the same entity.
COURT: D. Massachusetts
DOCKET #: 04-CV-10438
JUDGE: Hon. Richard G. Stearns
DATE FILED: 03/03/2004
CLASS PERIOD START: 02/01/2002
CLASS PERIOD END: 03/21/2002
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Law Office of Scott P. Lopez
    24 School Street - 8th Floor, Law Office of Scott P. Lopez, MA 02108
    617.742.5700 617.742.5715 · Lopez@lopezlaw.com
  2. The Rosen Law Firm, P.A. (New York)
    350 Fifth Avenue, Suite 5508, The Rosen Law Firm, P.A. (New York), NY 10118
    212.686.1060 212.202.3827 · lrosen@rosenlegal.com
No Document Title Filing Date
COURT: D. Massachusetts
DOCKET #: 04-CV-10438
JUDGE: Hon. Richard G. Stearns
DATE FILED: 09/03/2004
CLASS PERIOD START: 02/01/2002
CLASS PERIOD END: 03/21/2002
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Law Office of Scott P. Lopez
    24 School Street - 8th Floor, Law Office of Scott P. Lopez, MA 02108
    617.742.5700 617.742.5715 · Lopez@lopezlaw.com
  2. The Rosen Law Firm, P.A. (New York)
    350 Fifth Avenue, Suite 5508, The Rosen Law Firm, P.A. (New York), NY 10118
    212.686.1060 212.202.3827 · lrosen@rosenlegal.com
No Document Title Filing Date