Hemispherx Suit Over Merger Attempt Resuscitated

Law360, New York (December 30, 2008, 12:00 AM EST) -- Reviving a suit that stemmed from an alleged hostile takeover attempt, the U.S. Court of Appeals for the Eleventh Circuit has partially overturned a lower court’s dismissal of Hemispherx Biopharma Inc.’s claims against investors in two South African companies and reinstated a defendant who was previously dropped from the case.

On Monday, the court issued a multipart ruling reversing the U.S. District Court for the Southern District of Florida’s dismissal of a common law fraud claim brought by Hemispherx and the dismissal of defendant Bart Goemaere,...
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