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Cedric Galette v. New Jersey Transit Corporation

Paid petition · Supreme Court of Pennsylvania, Eastern District, No. 4 EAP 2024 · judgment March 12, 2025


Decided · March 4, 2026
Pre-decision estimate: 11% cert probability (95% interval 6%–18%)

Before the decision, about 2.6× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below and counsel who has won certiorari before, and down for a business respondent.

Question presented

Whether the New Jersey Transit Corporation is entitled to interstate sovereign immunity under the Federal Constitution, as held by the highest court of Pennsylvania in square conflict with the highest court of New York. THE PETITIONS FOR WRITS OF CERTIORARI ARE GRANTED, LIMITED TO THE FOLLOWING QUESTION: WHETHER THE NEW JERSEY TRANSIT CORPORATION IS AN ARM OF THE STATE OF NEW JERSEY FOR INTERSTATE SOVEREIGN IMMUNITY PURPOSES. CONSOLIDATED FOR ONE HOUR ORAL ARGUMENT WITH 24-1113. ORDER OF SEPTEMBER 19,2025: THE TRIAL SCHEDULED FOR SEPTEMBER 15, 2025, IN THE SUPREME COURT OF THE STATE OF NEW YORK, NEW YORK COUNTY, IS THEREFORE STAYED PENDING THE ISSUANCE OF THE MANDATE OF THIS COURT IN NJ TRANSIT CORP., ET AL. V. COLT, JEFFREY, ET AL., CASE NO. 24- 1113, AND GALETTE, CEDRIC V. NJ TRANSIT CORP., CASE NO. 24-1021.

Counsel of record

For petitioner
Michael B. Kimberly
McDermott Will & Emery LLP

For respondent
Jeremy Michael Feigenbaum
Office of the New Jersey Attorney General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage · 10 merits
(10 supporting pet./neither)

Related
Vide, 24-1113

Argument & decision

Argued January 14, 2026 — Michael Zuckerman · Michael B. Kimberly. Audio and transcript

Decided March 4, 2026. Opinion by Sotomayor.

Proceedings

  1. Aug 05 2026
    Record returned to the Supreme Court of Pennsylvania, Eastern District.
  2. Apr 06 2026
    Judgment and Mandate Issued.
  3. Mar 04 2026
    Judgment REVERSED and case REMANDED. Judgment in No. 24-1113 AFFIRMED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. VIDED.
  4. Jan 14 2026
    Argued. For New Jersey Transit Corporation, et al.: Michael Zuckerman, Deputy Solicitor General, Trenton, N. J. For Galette and Colt, et al.: Michael B. Kimberly, Washington, D. C. VIDED.
  5. Dec 17 2025
    Record received from the Supreme Court of Pennsylvania, Eastern District and available with the Clerk (one envelope).
  6. Dec 12 2025
    Reply of respondent New Jersey Transit Corporation filed. VIDED. (Distributed)
  7. Dec 01 2025
    CIRCULATED
  8. Nov 19 2025
    Brief amicus curiae of American Association for Justice filed. VIDED.
  9. Nov 19 2025
    Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
  10. Nov 19 2025
    Brief amici curiae of Federal Courts Scholars filed. VIDED.
  11. Nov 19 2025
    Brief amicus curiae of Public Citizen filed. VIDED.
  12. Nov 19 2025
    Brief amici curiae of Professor William Baude, et al. filed. VIDED.
  13. Nov 17 2025
    Record requested from the Supreme Court of Pennsylvania, Eastern District.
  14. Nov 17 2025
    Amicus brief of Cedric Galette not accepted for filing. (November 18, 2025) (to be corrected with proper amicus party and attachments)
  15. Nov 17 2025
    Brief amicus curiae of New York State Academy of Trial Lawyers filed. VIDED.
  16. Nov 12 2025
    SET FOR ARGUMENT on Wednesday, January 14, 2026. VIDED.
  17. Nov 12 2025
    Response brief of Cedric Galette filed. VIDED.
  18. Nov 12 2025
    Response brief of Jeffrey Colt, et al. filed. (as to 24-1113)
  19. Sep 30 2025
    Motion to dispense with printing the joint appendix filed by respondents GRANTED. VIDED.
  20. Sep 12 2025
    Order entered by Justice Sotomayor: Upon consideration of the application of counsel for the applicants, it is ordered that the trial in the Supreme Court of the State of New York, New York County, Index No. 158309/2017, is hereby stayed pending further order of Justice Sotomayor or of the Court. (As to 24-1113).
  21. Sep 11 2025
    Application for a stay (25A287), submitted to Justice Sotomayor. (As to 24-1113).
  22. Sep 10 2025
    Brief amicus curiae of National Governors Association filed. VIDED.
  23. Sep 10 2025
    Brief amici curiae of State of Missouri, et al. filed. VIDED.
  24. Sep 10 2025
    Brief amici curiae of Texas, et al. filed. VIDED.
  25. Sep 10 2025
    Brief amicus curiae of Commuter Rail Coalition filed. VIDED.
  26. Sep 03 2025
    Opening brief on the merits of New Jersey Transit Corporation, et al. filed. VIDED.
  27. Aug 26 2025
    Motion to dispense with printing the joint appendix filed by New Jersey Transit Corporation, et al. VIDED.
  28. Jul 22 2025
    Motion to extend the time to file the briefs on the merits granted. New Jersey Transit Corporation will serve as the petitioners in these cases, and the time to file the joint appendix and the opening brief on the merits is extended to and including September 3, 2025. The time to file the response briefs on the merits of Cedric Galette and Jeffrey Colt, et al. is extended to and including November 12, 2025. VIDED. (Corrected - August 8, 2025.)
  29. Jul 21 2025
    Motion for an extension of time to file the briefs on the merits filed. VIDED.
  30. Jul 03 2025
    Petition GRANTED and consolidated with No. 24-1113, limited to the following question: Whether the New Jersey Transit Corporation is an arm of the State of New Jersey for interstate sovereign immunity purposes. A total of one hour is allotted for oral argument.
  31. Jul 03 2025
    Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 24-1021. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 24-1021. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
  32. Jun 10 2025
    DISTRIBUTED for Conference of 6/26/2025.
  33. Jun 09 2025
    Supplemental brief of petitioner Cedric Galette filed. (Distributed)
  34. Apr 30 2025
    Rescheduled.
  35. Apr 24 2025
    Brief amici curiae of Texas, et al. filed. (Distributed)
  36. Apr 23 2025
    DISTRIBUTED for Conference of 5/15/2025.
  37. Apr 22 2025
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
  38. Apr 21 2025
    Reply of petitioner Cedric Galette filed. (Distributed)
  39. Apr 15 2025
    Brief of respondent New Jersey Transit Corporation in support filed.
  40. Mar 19 2025
    Petition for a writ of certiorari filed. (Response due April 24, 2025)