Sutherland v. Sutherland

OPINION

LAMB, Vice Chancellor.

The nominal defendants, Dardanelle Timber Co., Inc. and its wholly owned subsidiary, Sutherland Lumber Southwest, Inc., move pursuant to Court of Chancery Rule 59(f) to reargue this court’s May 5, 2008 denial of their motion to dismiss this derivative action based on the conclusions of a one-person special litigation committee (“SLC”). The companies argue that the court both misapplied the law and misapprehended material facts in reaching its decision. For the reasons stated below, the motion for reargument will be denied.

I

The standard applicable to a motion for…