In Re Asbestos Litigation (Mergenthaler)

POPPITI, Judge.

This is a decision on Herty Foundation’s Motion for Summary Judgment against all plaintiffs in the above actions. The motion in substantial part presents the question of whether the so-called “sophisticated purchaser” defense is available in Delaware. Some background facts are necessary to place the issue in perspective. Except where otherwise noted, these facts are undisputed in the record before the Court.

The Herty Foundation (hereinafter “Herty”) is a non-profit, federally tax-exempt trusteeship of the State of Georgia. It was formed to promote Georgia in the pulp and paper…