Galette v. New Jersey Transit Corp. · ¶38

The clearest evidence that a State has created a legally separate entity is that it created a corporation with the traditional corporate powers to sue and be sued, hold property, make contracts, and incur debt. See Planters' Bank, 9 Wheat., at 907–908; Lincoln County, 133 U. S., at 530–531; Hess, 513 U. S., at 44–45. The corporate form is particularly salient because it has “long [been] settled as a matter of American corporate law that separately incorporated organizations are separate legal units with distinct legal rights and obligations.” Agency for Int'l Development v. Alliance for Open Society Int'l, Inc., 591 U. S. 430, 435 (2020). Indeed, “[s]eparate legal personality has been described as `an almost indispensable aspect of the public corporation.' ” First Nat. City Bank v. Banco Para el Comercio Exterior de Cuba, 462 U. S. 611, 625 (1983).

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