New Jersey Court Remands Secondhand Exposure Case Against Port Authorities

CAMDEN, N.J. -- A New Jersey federal court has remanded a secondhand asbestos lawsuit, finding that an interpretation of one of the defendant's inter-state compacts was not necessary to determine if a federal question existed. Brust, et al. v. ACF Industries, et al., No. 11-4839 (D. N.J.).

Instead, the U.S. District Court for the District of New Jersey opined in its Dec. 21 opinion that the compact is an "anticipated defense" to the lawsuit and that the defendant's mere presence in the suit is not enough to confer jurisdiction.

Sandra Brust brought the claims, contending that she developed retroperitoneal malignant …