Managing Partner Matthew Haverstick was quoted in a Law.com article on a case before the U.S. Supreme Court that is expected to clarify the limits of sovereign immunity for state agencies facing litigation that crosses state lines. The upcoming review stems from two cases in which New Jersey Transit was sued in New York and Pennsylvania in injury accidents. Pennsylvania’s highest court ruled that the accident that occurred in Philadelphia could not be heard in Pennsylvania, while New York’s highest court ruled that the accident in Manhattan could proceed in New York. The review highlights a need for a uniform system between states.
“The New York and Pennsylvania courts applied different tests to decide if New Jersey Transit can be considered an arm of the state for sovereign immunity purposes,” Haverstick said. “Depending on where you happen to be, you’re either going to be able to sue New Jersey Transit or you’re not, depending on what state the accident happens in, and that’s a state of affairs that needs to be solved by the U.S. Supreme Court so that there’s a consistent rule.”
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