Legal Opinion
Fitchik v. New Jersey Transit Rail Operations, Inc.
District Court, D. New Jersey
Decided January 26, 1988No. Civ. A. No. 86-3060PublishedCited by 4 opinions
1Opinion of the Court
OPINION
WOLIN, District Judge.
Defendant by formal motion belatedly moves to dismiss plaintiff’s complaint after the entry of the final pretrial order and one week in advance of the scheduled trial date. At issue is whether the United States District Court has jurisdiction to entertain and dispose of plaintiff’s personal injury action or is prohibited therefrom by the doctrine of sovereign immunity embodied in the Eleventh Amendment. Because of the substantial nature of the question involved and the absence of undue prejudice by its determination, the Court finds that neither the Federal…
2Cases cited16 opinions
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Edelman v. JordanSupreme Court of the United States · 1974
- Hans v. LouisianaSupreme Court of the United States · 1890
- Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
- Fitzpatrick v. BitzerSupreme Court of the United States · 1976
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Fitchik v. New Jersey Transit Rail Operations, Inc.Court of Appeals for the Third Circuit · 1989
- Joseph P. Fitchik v. New Jersey Transit Rail Operations, Inc. v. Non Destructive Testing Corp., Third-Party Linda A. Degirolamo v. New Jersey Transit Authority D/B/A New Jersey Transit, Felix E. Guzman v. New Jersey Transit Rail Operations, Inc., Sidney Kinnear v. New Jersey Transit Rail Operations, Inc., Kenneth G. Banta v. New Jersey Transit Rail Operations, Inc. v. Everette G. Whitenour, Christopher Middleton, Justine Smith, and Town of Dover, Third Party William Rockwell v. New Jersey Transit Rail Operations, Inc. Robert K. Heaton v. New Jersey Transit Rail Operations, Inc., William P. McKenna v. New Jersey Transit Rail Operations, Inc., Craig A. Conlon v. New Jersey Rail Operations, Inc., Laurence O'HallOran v. New Jersey Transit Rail Operations, Inc., Dennis Martin v. New Jersey Transit Corporation & New Jersey Transit Rail Operations, Inc., Robert G. Stocker, Sr. v. New Jersey Transit Rail Operations, Inc., Clifford E. Williamson v. New Jersey Transit Rail Operations, Inc., David J. Chwaszczewski v. New Jersey Transit Rail Operations, Inc., Philip Roxas v. New Jersey Transit Rail Operations, Inc., Patrick J. Mueller v. New Jersey Transit Rail Operations, Inc., Joseph L. Duffy v. New Jersey Transit Rail Operations, Inc., Edward J. Fliller v. New Jersey Transit Rail Operations, Inc., James C. Harden, Jr. v. New Jersey Transit Rail Operations, Inc., Lynn R. Stigliano Personal Representative of the Estate of John Paul Stigliano, Deceased v. New Jersey Transit Rail Operations, Inc., Louis D. Ellis v. New Jersey Transit Rail Operations, Inc., Ashraf Ghobrial v. New Jersey Transit Rail Operations, Inc., William C. Hazelson v. New Jersey Transit Rail Operations, Inc., George Featherman v. New Jersey Transit Rail Operations, Inc.Court of Appeals for the Third Circuit · 1989
- Dykman v. New Jersey Transit Rail Operations, Inc.District Court, S.D. New York · 1988
- Feeney v. Port Authority Trans-Hudson Corp.District Court, S.D. New York · 1988