Supreme Court Rules NJ Transit Can Be Sued in New York: What Galette v. NJ Transit Means for Accident Victims
- Reza Yassi
- Mar 22
- 7 min read
If you were hit by an NJ Transit bus in New York City, you now have a clearer path to compensation — thanks to a landmark unanimous ruling from the United States Supreme Court.
On March 4, 2026, the Supreme Court decided Galette v. New Jersey Transit Corp., 607 U.S. ___ (2026), holding 9-0 that NJ Transit is not an arm of the State of New Jersey and cannot claim sovereign immunity to block personal injury lawsuits filed in New York or Pennsylvania courts.
The ruling is a major win for accident victims across the tristate area — and it has direct, immediate consequences for anyone injured by an NJ Transit bus or train in New York City.
What Was the Galette Case About?
The case actually combined two separate lawsuits involving two different plaintiffs injured by NJ Transit vehicles in two different states.
The first case involved Jeffrey Colt, who was struck by an NJ Transit bus in Midtown Manhattan in 2017. He filed suit in New York. The second involved Cedric Galette, who was injured when an NJ Transit bus crashed into his vehicle in Philadelphia in 2018.
In both cases, NJ Transit moved to dismiss the lawsuits. Its argument: as a state-created entity, it is an “arm of the State” of New Jersey, entitled to the same sovereign immunity protection that shielded the State of New Jersey itself from suit in other states under the Eleventh Amendment.
The problem: the two state courts reached opposite conclusions. The New York Court of Appeals ruled that NJ Transit is NOT an arm of the state — so the suit could proceed. The Pennsylvania Supreme Court ruled the opposite — holding NJ Transit IS an arm of the state, with immunity. The U.S. Supreme Court took up both cases to resolve the split.
What the Supreme Court Decided — and Why
Writing for a unanimous 9-0 Court, Justice Sotomayor held that NJ Transit does not qualify as an arm of the state and therefore cannot claim sovereign immunity in out-of-state courts.
The Court focused on three key factors:
Corporate structure: New Jersey created NJ Transit as a “body corporate and politic” with express authority to sue and be sued. New Jersey's own Tort Claims Act excludes entities with sue-and-be-sued clauses from the definition of “State.”
New Jersey's liability for judgments: The State of New Jersey has no formal legal obligation to pay NJ Transit's debts or court judgments. The state treasury is not on the hook.
Structural independence: Although the governor appoints NJ Transit's board, the Court found that level of control exists over nearly all state-created entities — it is not enough, by itself, to grant sovereign immunity.
The Court's core principle was straightforward: when a state creates a separate corporation specifically to insulate itself from liability — and that entity can sue and be sued, holds its own assets, and is financially independent — it cannot then turn around and claim the state's immunity when it gets sued. The benefits and burdens of separate legal status go together.
The New York Court of Appeals judgment was affirmed. The Pennsylvania Supreme Court judgment was reversed. Jeffrey Colt's case in New York can proceed. Cedric Galette's case in Pennsylvania can proceed.
Why This Matters for New Yorkers Injured by NJ Transit
NJ Transit is the third-largest public transit system in the United States, operating over a 5,300-square-mile service area that includes New York City, New Jersey, and Philadelphia. NJ Transit buses serve dozens of Manhattan routes daily. Its trains run through Penn Station into midtown. Its light rail connects New Jersey communities to the PATH and ferry terminals used by tens of thousands of New York commuters every day.
Before Galette, NJ Transit had been successfully arguing sovereign immunity in Pennsylvania courts to get cases dismissed outright. The same argument had been tested in New York — and rejected — but the legal uncertainty meant some victims faced long battles over threshold immunity questions before even getting to the merits.
After Galette, that argument is gone in New York. If you are struck by an NJ Transit bus in Manhattan or injured on an NJ Transit train at Penn Station, you can sue NJ Transit in New York courts without facing a sovereign immunity defense. The focus goes where it should: on the facts of the accident and the extent of your injuries.
How NJ Transit Accident Claims Work in New York
Even though NJ Transit can no longer use sovereign immunity as a shield in New York, it is still a public entity — which means strict procedural rules still apply to claims against it.
Here is what you need to know:
Notice of Claim: If you are injured by an NJ Transit vehicle in New York, you must serve a timely Notice of Claim under applicable notice requirements. Missing this step can be fatal to your case regardless of how strong the facts are.
Shorter filing deadlines: Claims against public transit entities carry shorter statutes of limitations than standard personal injury cases against private parties. Do not assume you have the standard three years.
Comparative negligence: New York follows a pure comparative negligence standard — meaning you can recover even if you were partially at fault, but your damages are reduced by your percentage of fault.
No-fault insurance: If you were in a vehicle that was struck, New York no-fault coverage may apply for your initial medical expenses regardless of who was at fault.
Understanding these procedural requirements is critical. We covered the full landscape of New York's injury deadlines — including exactly when you must file and what notices are required — in our detailed guide on New York's personal injury statute of limitations.
What Damages Can You Recover?
In a personal injury lawsuit against NJ Transit in New York, you can pursue compensation for:
Past and future medical expenses
Lost wages and reduced earning capacity
Pain and suffering
Permanent disability or disfigurement
Loss of enjoyment of life
The value of your case depends on the severity of your injuries, your treatment history, and how the accident affected your life. For a sense of what New York injury cases have been worth in recent years, our breakdown of NYC personal injury verdicts and settlements in 2025 and 2026 provides data on comparable cases.
What Should You Do If You Were Injured by NJ Transit?
The Galette ruling removes a major legal barrier — but you still need to act quickly. Here are the immediate steps:
Get medical care immediately — both for your health and to create a documented record of your injuries from day one
Photograph the scene — the bus number, route number, driver information, road conditions, and any visible injuries
Get witness contact information — fellow passengers, pedestrians, or other drivers who saw the accident
Report the incident — to NJ Transit and to NYPD if the accident occurred in New York City
Consult an attorney immediately — notice deadlines for public entity claims are short, and delay can permanently bar your recovery
For a full checklist of what to do after any personal injury, our guide on the essential steps to take after a personal injury walks through each step in plain language.
Frequently Asked Questions About Suing NJ Transit
Can I sue NJ Transit in New York after the Galette ruling?
Yes. The Supreme Court's unanimous ruling in Galette v. NJ Transit (2026) confirmed that NJ Transit is not an arm of the State of New Jersey and cannot claim sovereign immunity in New York courts. You can sue NJ Transit in New York for accidents occurring in New York, subject to applicable notice requirements and filing deadlines.
Is suing NJ Transit the same as suing a regular private company?
Not exactly. NJ Transit is still a public entity, which means special procedural rules apply — including notice of claim requirements and potentially shorter filing deadlines. You do not face the sovereign immunity bar after Galette, but you still face different procedural requirements than a lawsuit against a private bus company or taxi service.
What if I was injured on an NJ Transit train at Penn Station in Manhattan?
Penn Station in Manhattan is used by NJ Transit trains. If you were injured on an NJ Transit vehicle or platform in New York, the Galette ruling supports your ability to sue NJ Transit in New York courts. However, notice deadlines are strict — consult an attorney as soon as possible to preserve your rights.
Does this ruling affect cases that were already dismissed?
This ruling applies prospectively. If your case was previously dismissed based on sovereign immunity in New York, consult an attorney immediately to evaluate whether there is any avenue to revive or refile your claim. The answer will depend heavily on the specific circumstances and timing of your dismissal.
The Bottom Line
The Supreme Court's unanimous ruling in Galette v. New Jersey Transit is a clear, unambiguous message: corporations that can sue and be sued, operate independently of the state treasury, and function as standalone entities do not get to claim sovereign immunity when injured people come seeking justice.
For New Yorkers injured by NJ Transit buses and trains, this ruling matters. It strips away a defense that had been used to delay and defeat legitimate injury claims. The path to compensation is clearer now — but you still need to act quickly.
If you or someone you know was injured by an NJ Transit bus or train in New York, the team at Yassi Law PC is ready to help. Call us today at 646-992-2138 for a consultation.
Written by Reza Yassi | LinkedIn
This article is for informational purposes only and does not constitute legal advice. Although I am an attorney, I am not your attorney, and reading this article does not create an attorney-client relationship. Laws vary by jurisdiction and may have changed since the publication of this article. For advice specific to your situation, consult a qualified attorney.
.png)