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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
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
- Aug 05 2026Record returned to the Supreme Court of Pennsylvania, Eastern District.
- Apr 06 2026Judgment and Mandate Issued.
- Mar 04 2026Judgment REVERSED and case REMANDED. Judgment in No. 24-1113 AFFIRMED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. VIDED.
- Jan 14 2026Argued. 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.
- Dec 17 2025Record received from the Supreme Court of Pennsylvania, Eastern District and available with the Clerk (one envelope).
- Dec 12 2025Reply of respondent New Jersey Transit Corporation filed. VIDED. (Distributed)
- Dec 01 2025CIRCULATED
- Nov 19 2025Brief amicus curiae of American Association for Justice filed. VIDED.
- Nov 19 2025Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
- Nov 19 2025Brief amici curiae of Federal Courts Scholars filed. VIDED.
- Nov 19 2025Brief amicus curiae of Public Citizen filed. VIDED.
- Nov 19 2025Brief amici curiae of Professor William Baude, et al. filed. VIDED.
- Nov 17 2025Record requested from the Supreme Court of Pennsylvania, Eastern District.
- Nov 17 2025Amicus brief of Cedric Galette not accepted for filing. (November 18, 2025) (to be corrected with proper amicus party and attachments)
- Nov 17 2025Brief amicus curiae of New York State Academy of Trial Lawyers filed. VIDED.
- Nov 12 2025SET FOR ARGUMENT on Wednesday, January 14, 2026. VIDED.
- Nov 12 2025Response brief of Cedric Galette filed. VIDED.
- Nov 12 2025Response brief of Jeffrey Colt, et al. filed. (as to 24-1113)
- Sep 30 2025Motion to dispense with printing the joint appendix filed by respondents GRANTED. VIDED.
- Sep 12 2025Order 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).
- Sep 11 2025Application for a stay (25A287), submitted to Justice Sotomayor. (As to 24-1113).
- Sep 10 2025Brief amicus curiae of National Governors Association filed. VIDED.
- Sep 10 2025Brief amici curiae of State of Missouri, et al. filed. VIDED.
- Sep 10 2025Brief amici curiae of Texas, et al. filed. VIDED.
- Sep 10 2025Brief amicus curiae of Commuter Rail Coalition filed. VIDED.
- Sep 03 2025Opening brief on the merits of New Jersey Transit Corporation, et al. filed. VIDED.
- Aug 26 2025Motion to dispense with printing the joint appendix filed by New Jersey Transit Corporation, et al. VIDED.
- Jul 22 2025Motion 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.)
- Jul 21 2025Motion for an extension of time to file the briefs on the merits filed. VIDED.
- Jul 03 2025Petition 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.
- Jul 03 2025Because 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.”
- Jun 10 2025DISTRIBUTED for Conference of 6/26/2025.
- Jun 09 2025Supplemental brief of petitioner Cedric Galette filed. (Distributed)
- Apr 30 2025Rescheduled.
- Apr 24 2025Brief amici curiae of Texas, et al. filed. (Distributed)
- Apr 23 2025DISTRIBUTED for Conference of 5/15/2025.
- Apr 22 2025Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- Apr 21 2025Reply of petitioner Cedric Galette filed. (Distributed)
- Apr 15 2025Brief of respondent New Jersey Transit Corporation in support filed.
- Mar 19 2025Petition for a writ of certiorari filed. (Response due April 24, 2025)