Judge asked to dismiss lawsuit relating to asbestos claims -- MesoLink.org -- 02-10-05

A Jersey City judge has been asked to dismiss a lawsuit filed by Stevens Institute of Technology for defamation of character relating to claims about asbestos contamination. The request has been made by FBW (Fund for Better Waterfront) against whom the lawsuit has been filed.

The Stevens Institute filed the sit in 2003 following allegations by FBW that the Institute released hazardous asbestos into the air. FBW has written letters to the papers and the Mayor, as well as posting these allegations on their website. However, a lawyer for FBW stated that the group was merely exercising free speech. He stated: "This is a public matter, a public issue. You have to give a broad reach to this kind of speech."

The original lawsuit was for $1.3 million in damages. However, several months ago a judge ruled that the statements were not in fact defamatory and advised the Stevens Institute to amend its complaint. This was then changed to a claim of unjustifiable interference with the Institute’s economic and professional interests by the FBW.

A spokesman for the Stevens Institute has claimed that even if the claims made by FBW cannot legally be classed as defamation, they have still resulted in damage to the school’s reputation and economic health, and that losses have been suffered due to inaccurate and incorrect information being generated by the FBW.