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February 2026 Two recent cases, Galette v. New Jersey Transit and New Jersey Transit v. Colt bring attention to the legal doctrine of interstate sovereign immunity. Many people who have had lawsuits against municipalities may be familiar with "sovereign immunity." Sovereign immunity is the legal doctrine that serves to protect government entities from lawsuits unless they grant their explicit consent.
"Interstate Sovereign Immunity" looks at this question, but with a slight twist added, which is the issue of jurisdiction of state courts outside the state where the government entity or agency is situated. Specifically in these two cases, the question is whether N.J. Transit can be sued in the state courts of Pennsylvania and New York. New Jersey Transit is a public transportation system owned and operated by the state of New Jersey. It serves riders in New Jersey, Pennsylvania, and New York.
In these two cases involving accident-related injuries, NJ Transit was sued by injury claimants from NJ Transit buses in Pennsylvania and New York. In response, NJ Transit invoked Interstate Sovereign Immunity, the doctrine that holds that New Jersey Transit is constitutionally immune from lawsuits filed in the state courts of other states, Pennsylvania and New York. The Pennsylvania Supreme Court agreed with the doctrine. However, the New York Court of Appeals was less compliant and held a contrary view. The case is now at the door of the United States Supreme Court. See U.S. Supreme Court - Oral Argument Calendar, 24-1021 GALETTE V. NJ TRANSIT CORP.; 24-1113 NJ TRANSIT CORP. V. COLT. The Supreme Court's decision is anticipated for Summer 2026. Supreme Court Blog outlines the issues faced, arguments presented, and the views of the different justices about exactly what New Jersey Transit is as a legal entity. See Supreme Court Blog .
"Interstate Sovereign Immunity" looks at this question, but with a slight twist added, which is the issue of jurisdiction of state courts outside the state where the government entity or agency is situated. Specifically in these two cases, the question is whether N.J. Transit can be sued in the state courts of Pennsylvania and New York. New Jersey Transit is a public transportation system owned and operated by the state of New Jersey. It serves riders in New Jersey, Pennsylvania, and New York.
In these two cases involving accident-related injuries, NJ Transit was sued by injury claimants from NJ Transit buses in Pennsylvania and New York. In response, NJ Transit invoked Interstate Sovereign Immunity, the doctrine that holds that New Jersey Transit is constitutionally immune from lawsuits filed in the state courts of other states, Pennsylvania and New York. The Pennsylvania Supreme Court agreed with the doctrine. However, the New York Court of Appeals was less compliant and held a contrary view. The case is now at the door of the United States Supreme Court. See U.S. Supreme Court - Oral Argument Calendar, 24-1021 GALETTE V. NJ TRANSIT CORP.; 24-1113 NJ TRANSIT CORP. V. COLT. The Supreme Court's decision is anticipated for Summer 2026. Supreme Court Blog outlines the issues faced, arguments presented, and the views of the different justices about exactly what New Jersey Transit is as a legal entity. See Supreme Court Blog .
