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Lawyers Defend NJ Transit as Sovereign Immunity Faces Supreme Court

Lawyers presenting a case on sovereign immunity in court

News Summary

The U.S. Supreme Court is set to hear cases that could redefine sovereign immunity for NJ Transit. As lawsuits emerge from Pennsylvania and New York over bus accidents, the agency’s claims of being a state entity are under scrutiny. Legal experts and state attorneys weigh in on the implications of these cases for public transportation and the financial stakes involved, with potential consequences for state-operated agencies nationwide.

Sovereign Immunity on Trial: NJ Transit’s Legal Battle Heads to the Supreme Court

The U.S. Supreme Court is set to hear two pivotal cases concerning NJ Transit, igniting a legal debate over sovereign immunity and personal injury lawsuits stemming from actions taken by the agency outside New Jersey. As NJ Transit faces lawsuits in both Pennsylvania and New York for alleged accidents involving its buses, the outcomes will have a significant impact on the agency’s future liability and operational protocols.

Cases Under Review

At the heart of the issue is NJ Transit’s assertion that it is fundamentally an arm of the state. This claim is based on its creation through state law and the extensive state control exerted over its operations. In Pennsylvania, courts have ruled in favor of NJ Transit, granting it immunity from lawsuits filed after a collision involving one of its buses. However, in stark contrast, the New York Court of Appeals has permitted a lawsuit to progress after an incident in which a pedestrian was struck by an NJ Transit bus in Manhattan.

The Legal Tug-of-War

As NJ Transit argues for its right to sovereign immunity, plaintiffs’ attorneys challenge this defense by highlighting that the agency functions similarly to a private corporation, thus operating in a competitive transit market. The inconsistency between how different states view NJ Transit’s liabilities has created what the agency describes as an “untenable” situation. This divergence raises questions on whether it is truly appropriate for a state entity to operate under varying rules depending on geographic location.

Financial Implications

The stakes are incredibly high, as the legal battles involve potential financial repercussions for NJ Transit and the state at large. Major settlements from past lawsuits are already a cause for concern, with NJ Transit having paid out significant sums, including $10 million to a passenger injured in 2022 and $1.8 million for a wrongful death settlement in 2023. Previous settlements, such as $2 million for a severely injured pedestrian and $7.4 million for a collision involving multiple passengers, indicate ongoing problems with safety and liability.

State Attorneys General Weigh In

A group of attorneys general from across the political spectrum has sided with NJ Transit, filing a brief that argues only states should have the authority to define what constitutes a state agency. Their involvement underscores a broader concern about the principles of state immunity as it applies to public entities operating across state lines. Concerns raised, particularly by the Missouri Attorney General, reflect fears over the financial consequences for state agencies, like the Missouri Higher Education Loan Authority (MOHELA), should the Supreme Court lean against state sovereignty in this context.

Next Steps

The Supreme Court is expected to hear oral arguments in these cases later this year or early next year. As legal experts speculate on the potential ramifications, both NJ Transit and the states involved await a decision that could reshape the legal landscape regarding sovereign immunity in public transportation. The outcomes of these cases could not only redefine NJ Transit’s operational practices but may also set forth a precedent regarding the liability of various state entities when providing services beyond their home territories.

The overarching outcome of these cases is poised to impact not just NJ Transit but potentially reverberate across numerous state-operated agencies, serving as a critical touchstone in understanding the interaction between state sovereignty and public accountability.

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Additional Resources

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Author: STAFF HERE CHARLESTON

The CHARLESTON STAFF WRITER represents the experienced team at HEREcharleston.com, your go-to source for actionable local news and information in Charleston, Charleston County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as the Spoleto Festival USA, Charleston Wine + Food Festival, and the MOJA Festival. Our coverage extends to key organizations like the Charleston Metro Chamber of Commerce and the Charleston Museum, plus leading businesses in tourism and maritime industries that power the local economy such as South Carolina Ports Authority and the Charleston Visitor Center. As part of the broader HERE network, including HEREaiken.com, HEREbeaufort.com, HEREchapin.com, HEREcharleston.com, HEREclinton.com, HEREcolumbia.com, HEREgeorgetown.com, HEREgreenwood.com, HEREgreenville.com, HEREhiltonhead.com, HEREirmo.com, HEREmyrtlebeach.com, HEREnewberry.com, HERErockhill.com, HEREspartanburg.com, HEREaustin.com, HEREcollegestation.com, HEREdallas.com, HEREhouston.com, and HEREsanantonio.com, we provide comprehensive, credible insights into South Carolina's dynamic landscape.

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