Belfand v Petosa, 2021 NY Slip Op 03522 (1st Dept. 2021)
I follow certain US Supreme Court cases, because I always like to see how far the Court veers from constitutional precedent that I learned quite awhile ago in law school. This Eleventh Amendment jurisprudence does not seem to be correct. If NJ Transit comes to NY and acts inappropriately, why should they not be called to task in a New York Court? that was the lesson we learned in law school.
Of course, strare decsis is something the Roberts Court honors in the breach. When it is convenient, it is cited. When it is inconvenient, they throw it out. Oh and try bringing a lawsuit in New Jersey under the TCA. The threshold on those cases is worse than the standard New Jersey permanency threshold.
But in the end, the Court held NJ Transit waived its 11th Amendment defense. That is great but I am sure since 2019, they have moved for dismissal or preserved the defense.
