Galette v. New Jersey Transit Corp. · ¶54

True, NJ Transit's organic statute also labels it an “instrumentality of the State.” § 27:25–4(a). The term “instrumentality,” however, lacks the historical weight the corporate form carries and says little about whether an entity is an arm of the State. See, e. g., Regents, 519 U. S., at 429 (asking “whether a state instrumentality may invoke the State's immunity,” making clear that not all state instrumentalities are immune). Moreover, other aspects of New Jersey law undercut any inference that the term “instrumentality” favors NJ Transit's position. The New Jersey Tort Claims Act, for instance, excludes entities with sue-and-besued authority, like NJ Transit, from its definition of the “State.” §§ 59:1–1, 59:1–3 (2026). The New Jersey Contractual Liability Act also specifes that entities with sue-andbe-sued authority are not part of the State. § 59:13–2. All told, NJ Transit is…

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