New York Court of Appeals judges on Tuesday weighed the impact in a personal injury case against New Jersey Transit Corp. of a 2019 US Supreme Court ruling on invoking sovereign immunity.
Judges questioned whether they should look to cases decided under the Eleventh Amendment of the US Constitution, or a potentially broader application established in the US Supreme Court’s 2019 ruling in Franchise Tax Board of California v. Hyatt, which found interstate sovereign immunity bars lawsuits against an arm of the state in a sister court.
“It seems to me Hyatt changes the landscape a bit,” Associate Judge ...
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