Galette v. New Jersey Transit Corp. · ¶41

The corporate form, however, is not the only structure that signals the State has created a legally separate entity. Other aspects of state law may indicate legal separateness as well. Most obviously, the entity could be described as a “ `separate legal entity.' ” Lake Country, 440 U. S., at 401. State law also might define the entity as not part of the State for other purposes. See Moor, 411 U. S., at 719 (state law defined county as a “ `local public entity' ” instead of the “State” for purposes of suits against public entities). The ultimate question remains whether the State structured the entity as part of itself or as legally independent.

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