- 19 - 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.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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