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the facts at hand. Our application of collateral estoppel is
driven by the critical fact that the other courts had before them
the value of the old FMC stock at the time of petitioner’s
recapitalization and that we have the same issue here.
Our conclusion that the value of the old FMC stock was and
is at issue in the respective cases is supported by our reading
of the relevant allegations in petitioner’s pleadings in the
respective cases. Petitioner’s current allegations as to the
theft loss are in all material respects the same as its
corresponding prior allegations as to damages. The petition
alleges as to the claimed theft loss that: (1) Boesky obtained
confidential information about its recapitalization and made a
series of large, illegal trades in old FMC stock, (2) “Boesky's
illegal activities manipulated the price of FMC shares by
artificially increasing it through market misinformation,"
including the filing of a false Schedule 13D, and (3) "the
increased share price damaged FMC by fraudulently causing
management to revise the recapitalization plan and pay out
$217,649,340 of additional cash." The petition alleges further
that Boesky's illegal conduct artificially inflated the price of
old FMC stock, causing petitioner to revise the first plan and to
pay to its shareholders $217,649,340 more than it had originally
planned.
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