Naughty Monkey LLC v. MarineMax Northeast LLC, C.A. No. 5095-VCN (Del. Ch. Dec. 20, 2011). This is the latest in a series of decisions by the Court of Chancery involving these parties and their long running dispute over the purchase and sale of a very expensive boat. See highlights of prior decisions here and here.
The gist of this denial of a motion for reargument under Rule 59(f) was to clarify the concept of the “law of the case” and why that was not a basis to grant the motion. The Court also rejected the arguments that it did not properly consider equitable principles. This ruling shows once again that motions for reargument will be denied if the basis for the motion is a rehash of arguments that were previously considered and rejected by the Court, and when there was no material mistake of law or fact.