Galette v. New Jersey Transit Corp. · ¶67

Finally, 23 States contend as amici curiae that the current use of multifactor balancing tests in the lower courts has created significant uncertainty. To address this problem, they urge this Court to adopt a rule that a State's own characterization of an entity, such as New Jersey's labeling of NJ Transit as an “instrumentality of the State,” should be dispositive.

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