HEMISPHERX BIOPHARMA v. MID-SOUTH CAPITAL

Nos. 11-11618, 11-11650.

690 F.3d 1216 (2012)

HEMISPHERX BIOPHARMA, INC., a Delaware corporation, Plaintiff-Counter-Defendant-Appellee-Cross-Appellant, v. MID-SOUTH CAPITAL, INC., a South Carolina Corporation, Defendant-Counter Claimant-Appellant-Cross-Appellee, Adam Cabibi, Robert Rosenstein, Individually, Defendants-Cross-Appellees, The Sage Group, Inc., Counter Defendant-Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 14, 2012.


Attorney(s) appearing for the Case

Gregory J. Digel , Laurie Webb Daniel , Allen Andre Hendrick , Holland & Knight, LLP, Atlanta, GA, Thomas K. Equels , Equels Law Firm, Miami, FL, Paul C. Huck, Jr. , Roberto Martinez , Colson Hicks Eidson , Coral Gables, FL, Judson H. Orrick , Equels Law Firm, Tallahassee, FL, for Plaintiff-Appellant.

Craig Thomas Jones , Kelly Lynn Kesner , John Steven Parker , Page Perry, LLC, Atlanta, GA, for Defendants-Appellees.

Before MARTIN, HILL and EBEL, Circuit Judges.


EBEL, Circuit Judge:

During an eight-month period, Plaintiff and Counterclaim-Defendant Hemispherx Biopharma, Inc. ("Hemispherx") hired three different investment brokers to raise capital for it. Hemispherx hired the first two brokers at a time when it was difficult to sell Hemispherx's stock. Months later, when market forces made Hemispherx's stock much more attractive, Hemispherx hired a third broker, a heavy hitter in the industry, which was able very quickly to...

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