Legal Opinion · Dissent
Fitchik v. New Jersey Transit Rail Operations, Inc.
Court of Appeals for the Third Circuit
Decided April 17, 1989No. Nos. 88-5142, 88-5270, 88-5320 to 88-5325, 88-5327 to 88-5329, 88-5336 to 88-5338, 88-5371, 88-5373, 88-5374, 88-5376 to 88-5378, 88-5383, 88-5559, 88-5682, 88-5961Published
1DissentRosenn, Circuit Judge
The majority holds that NJTRO is so independent of the state as to not merit its eleventh amendment immunity. The majority reaches this result by relying, in essence, only on its analysis of one of the Urbano factors, the impact of a judgment against NJTRO on the treasury of the State of New Jersey. This court, however, has stated that funding alone does not resolve the immunity issue. Whether payment is from the state treasury or from an independent entity, although important, is not dispositive. We so held in Port Authority Police Benevolent Association v. Port Authority of New York and New…
2Cases cited24 opinions
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- Fitzpatrick v. BitzerSupreme Court of the United States · 1976
- Green v. MansourSupreme Court of the United States · 1986
- Welch v. Texas Department of Highways & Public TransportationSupreme Court of the United States · 1987
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