- 21 - $217,649,340 additional cash payment (the claimed theft loss) and Goldman’s $17.5 million fee. We conclude that the issue here as to value is the same as in the prior case. Accordingly, we hold that this element of collateral estoppel is present in the instant case. 2. Issue Actually Litigated and Essential to Prior Decision Petitioner asserts that the issue of whether it suffered a theft loss on account of Boesky’s insider trading was not actually litigated in the prior case because, petitioner contends, it was not necessary to a holding there. Petitioner recognizes that: (1) Judge Pollack stated that petitioner had presented no evidence that the value of the old FMC shares was less than the $97 that it ultimately paid for those shares and (2) the Court of Appeals for the Second Circuit made similar statements as to that value. Petitioner discredits the courts’ statements on the value of old FMC stock as dicta. We disagree with petitioner that the courts’ statements on value are dicta. First, as to the District Court, Judge Pollack’s discussion of value was necessary to his holding there, it “received the full and careful consideration of the court that uttered it”, and it “could [not] have been deleted without seriously impairing the analytical foundations of the holding”. Sarnoff v. Am. Home Prods. Corp. 798 F.2d 1075, 1084 (7th Cir. 1986) (“A dictum is a statement in a judicial opinion that couldPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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