Legal Opinion

Cato Capital LLC v. Hemispherx Biopharma Inc.

Court of Appeals for the Third Circuit

Decided August 21, 2015No. 14-4244Unpublished

1Opinion of the Court

OPINION *

GREENAWAY, JR., Circuit Judge.

Plaintiff-Appellant Cato Capital, 'LLC (“Cato”) appeals from the final judgment entered by the District Court in favor of Defendant-Appellee Hemispherx Biophar-ma, Inc. (“Hemispherx”) on Cato’s breach of contract claim. Cato, an investment bank, sued Hemispherx, a biopharmaceutical company and former client, to recover a placement fee after several companies invested millions of dollars in Hemis-pherx — notwithstanding the fact that: (1) Cato did not facilitate these investments, and (2) these transactions closed after Cato’s engagement with Hemispherx…

2Cases cited9 opinions

  1. Rhone-Poulenc Basic Chemicals Co. v. American Motorists Insurance Co.Supreme Court of Delaware · 1992
  2. Lorillard Tobacco Co. v. American Legacy FoundationSupreme Court of Delaware · 2006
  3. Randy v. Progressive Northern Insurance Co.Supreme Court of Delaware · 2001
  4. Alan D. Gordon, M.D. Alan D. Gordon, M.D., P.C., a Corporation Mifflin County Community Surgical Center, a Corporation v. Lewistown HospitalCourt of Appeals for the Third Circuit · 2005
  5. Northwestern National Insurance v. Esmark, Inc.Supreme Court of Delaware · 1996

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