The Delaware Supreme Court is set to hear oral arguments Wednesday in an appeal of the Court of Chancery’s dismissal of a derivative suit against General Motors Co. directors that sought to hold the board members personally liable for damages stemming from the company’s defective ignition switches.

Vice Chancellor Sam Glasscock III tossed the lawsuit last June, finding the plaintiff stockholders failed to sufficiently show that the directors acted in bad faith while overseeing the company during the time leading up to GM’s recall of 13 million vehicles related to the faulty ignition switches.