Galette, C. v. NJ Transit; Apl. of: NJT

Summary

The Court held that interstate sovereign immunity bars Galette’s Pennsylvania negligence suit against NJ Transit because NJ Transit is an instrumentality of New Jersey. Applying a modified version of the six-factor arm-of-the-state inquiry, the Court gave primary weight to New Jersey’s statutory classification of NJ Transit, the State’s control, and NJ Transit’s governmental transportation function. The Court also rejected the argument that New Jersey waived immunity through its tort claims law or NJ Transit’s authority to sue and be sued.