Noble for Drenker v. Shaver

MILLER, Chief Justice.

[¶ 1.] This is the second time this case has been appealed to this Court. In this appeal, we hold that the trial court, on remand, erred in requiring Landstrom 1 to file a new lawsuit to pursue her derivative claims, and in allowing the other directors of the corporation to be indemnified. We further hold that the trial court did not err in refusing to enter a judgment on Landstrom’s derivative claims and in not awarding costs.

FACTS

[¶ 2.] The facts of this litigation are fully stated in our opinion in Landstrom v. Shaver, 1997 SD 25, 561 N.W.2d 1 (Landstrom I). However,…