Inari Medical, Inc. (NARI)
Whether directors and officers of Inari Medical, Inc. (NARI) breached their fiduciary duties to the company and its shareholders.
Investigation
03/02/2021
Initial Lawsuit
03/02/2021
Lawsuit Progression
05/19/2021
Dismissal
01/20/2022
Investigation regarding Renewable Energy Group’s internal control over financial reporting and the material weakness related to biodiesel tax credit payments on sold biodiesel.
02/25/2021
The Renewable Energy Group discloses the need to restate its financials for the fiscal years 2018, 2019 and most of 2020, stating that “the restatement is the result of the Company not being the proper claimant for certain biodiesel mixture excise tax credit (“BTC”) payments on biodiesel it sold between January 1, 2017 and September 30, 2020.”
The company further explains: “To claim the BTC, a taxpayer must be the first to blend petroleum diesel into the biodiesel. Due primarily to failures in the petroleum diesel additive system at the Company’s facility in Seneca, Illinois, petroleum diesel was periodically not added to certain loads. As a result, the Company’s customers who received these loads and subsequently added petroleum diesel are the proper claimants on these biodiesel gallons rather than the Company’s REG Seneca subsidiary. In some instances, the relevant customer and proper claimant was an REG subsidiary. The Company has consented to additional tax liability, including interest, assessed by the U.S. Internal Revenue Service due to the incorrect BTC filings. The impact on the Company’s financial statements for the Relevant Periods is to decrease Biomass-based diesel government incentives revenue and increase interest expense (thereby increasing accounts payable and accrued expenses and other liabilities on the related balance sheets). While the BTC adjustment in each year is not material, the Company determined that the aggregate BTC adjustment is material in 2019.”
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Plaintiff brings this securities class action against all persons and entities that purchased or otherwise acquired Renewable Energy securities between May 3, 2018 and February 25, 2021, inclusive.
According to the complaint, defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the company’s business, operations, and prospects. Specifically, defendants allegedly failed to disclose to investors:
(1) that due to failures in the diesel additive system, petroleum diesel was not periodically added to certain loads by the Company and was instead added by the Company’s customers;(2) that, as a result, Renewable Energy was not the proper claimant for certain BTC payments on biodiesel it sold between January 1, 2017 and September 30, 2020;
(3) that, as a result, Renewable Energy’s revenue and net income were overstated for certain periods;
(4) that there was a material weakness in the Company’s internal control over financial reporting related to the purchase and use of the petroleum diesel gallons when blending with biodiesel; and
(5) that, as a result of the foregoing, Defendants’ positive statements about the Company’s business, operations, and prospects were materially misleading and/or lacked a reasonable basis.
05/19/2021
The court issued an order appointing the lead plaintiff and lead counsel.
07/09/2021
Lead plaintiff brings this securities class action on behalf of a class consisting of all persons and entities that purchased or otherwise acquired Renewable Energy securities between March 8, 2018 and February 25, 2021, inclusive.
Operative complaint
08/06/2021
A motion to dismiss was filed with the court.
01/20/2022
Court Granted the motion to dismiss.
On 01/20/2022, the court dismissed the complaint .
According to the plaintiff, defendants’ statements about the adequacy of its controls artificially inflated the price of REG’s stock between March 8, 2018 and February 25, 2021 (the “Class Period”). The defendants have moved to dismiss for failure to state a claim. Defendants’ motion is granted.
Free File
Order on Motion to Dismiss
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