Galette v. New Jersey Transit Corp. · ¶58

NJ Transit's and its amici's counterarguments are unavailing. To start, NJ Transit contends that formal corporate status, which ordinarily includes a sue-and-be-sued power, is not dispositive in the arm-of-the-State analysis. True: As described above, the “corporation” label itself is not dispositive. See supra, at 523–525. NJ Transit, however, is a corporation that has all the hallmarks of separate legal person- hood, such as the power to sue and be sued, make contracts, and hold property in its own name, which all indicate that it is not an arm of the State and does not share in its immunity from suit. This Court has not previously found a similarly structured corporation to be an arm of the State.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.