Eleventh Amendment immunity in New Jersey

11 New Jersey opinions name it 2 courts 1991–2025 1 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

Case	Followed	Cited
Alden v. Mainegreen scotus · 1999 · cited in 2 New Jersey opinions naming this issue, 2014–2017 2 sentences 2017Bank v. 4 This has “sometimes [been] referred to . . . as ‘Eleventh Amendment immunity.’” Alden v. Maine, 527 U.S. 706, 713 , 119 S. Ct. 2240, 2246 , 144 L. 2017Bank v. 4 This has “sometimes [been] referred to . . . as ‘Eleventh Amendment immunity.’” Alden v. Maine, 527 U.S. 706, 713 , 119 S. Ct. 2240, 2246 , 144 L.	2	2
Howlett Ex Rel. Howlett v. Rosegreen scotus · 1990 · cited in 2 New Jersey opinions naming this issue, 1991–2014 2 sentences 2014With respect to the State's Eleventh Amendment immunity, we add that the State may not "be forced to entertain in its own courts suits from which it was immune in federal court . . . ." Howlett v. Rose, 496 U.S. 356, 365 , 110 S. Ct. 2430, 2437 , 110 L. 2014With respect to the State's Eleventh Amendment immunity, we add that the State may not "be forced to entertain in its own courts suits from which it was immune in federal court . . . ." Howlett v. Rose, 496 U.S. 356, 365 , 110 S. Ct. 2430, 2437 , 110 L.	2	2
Hess v. Port Authority Trans-Hudson Corporationgreen scotus · 1994 · cited in 3 New Jersey opinions naming this issue, 1995–2002 2 sentences 2002River Port Auth., 397 F.Supp. 1115, 1120 (D.N.J.1975) (finding the “sue and be sued” clause to be a waiver of sovereign immunity against suit in federal court); cf. Hess, supra, 513 U.S. at 32-33 , 115 S.Ct. at 397 , 130 L.Ed.2d at 251 (holding “bistate railway, the Port Authority Trans-Hudson Corporation (PATH), is not cloaked with the Eleventh Amendment immunity that a State enjoys”). 2002River Port Auth., 397 F.Supp. 1115, 1120 (D.N.J.1975) (finding the “sue and be sued” clause to be a waiver of sovereign immunity against suit in federal court); cf. Hess, supra, 513 U.S. at 32-33 , 115 S.Ct. at 397 , 130 L.Ed.2d at 251 (holding “bistate railway, the Port Authority Trans-Hudson Corporation (PATH), is not cloaked with the Eleventh Amendment immunity that a State enjoys”).	1	3
cluster 490918green ca3 · 1987 · cited in 3 New Jersey opinions naming this issue, 1993–2000 2 sentences 2000The Third Circuit concluded that “a majority of the relevant criteria weigh against considering Rutgers an arm of the state entitled to Eleventh Amendment immunity---- [I]t remains under state law an independent entity able to direct its own actions and responsible on its own judgments resulting from those actions.” Id. at 1312. 471 Furthermore, because an entity that does not enjoy Eleventh Amendment immunity is considered a “person” subject to suit under 42 U.S.C.A. § 1983 , Monell v. New York City Dept. of Social Services, 436 U.S. 658 , 690 n. 55, 98 S.Ct. 2018 , 2035 n. 55, 56 L.Ed.2d 61 2000*Kovats, supra, 822 F.2d at 1312 n. 10; see also Fuchilla, supra, 109 N.J. at 330 , 537 A.2d 652 (holding that University of Medicine and Dentistry of New Jersey does not enjoy Eleventh Amendment immunity, and -is a “person” within meaning of section 1983).	1	3
Clark v. Barnardgreen · 1883 · cited in 1 New Jersey opinions naming this issue, 2017–2017 2 sentences 2017Id. at 619 , 122 S.Ct. at 1643 , 152 L.Ed.2d at 813 (citing Clark v. Barnard, 108 U.S. 436, 447 , 2 S.Ct. 878, 883 , 27 L.Ed. 780, 784 (1883) (holding that a state’s “voluntary appearance” in federal court as an intervenor avoids Eleventh Amendment inquiry)). 2017Id. at 619 , 122 S.Ct. at 1643 , 152 L.Ed.2d at 813 (citing Clark v. Barnard, 108 U.S. 436, 447 , 2 S.Ct. 878, 883 , 27 L.Ed. 780, 784 (1883) (holding that a state’s “voluntary appearance” in federal court as an intervenor avoids Eleventh Amendment inquiry)).	1	1
Lapides v. Board of Regents of Univ. System of Ga.green scotus · 2002 · cited in 1 New Jersey opinions naming this issue, 2017–2017 2 sentences 2017This Court should follow the lead of the United States Supreme Court, which, in Lapides, supra, held that a state’s litigation conduct can constitute a waiver of Eleventh Amendment immunity. 535 U.S. at 624 , 122 S. Ct. at 1646 , 152 L. 2017This Court should follow the lead of the United States Supreme Court, which, in Lapides, supra, held that a state’s litigation conduct can constitute a waiver of Eleventh Amendment immunity. 535 U.S. at 624 , 122 S. Ct. at 1646 , 152 L.	1	1
Lombardo v. Pennsylvania, Department of Public Welfaregreen ca3 · 2008 · cited in 1 New Jersey opinions naming this issue, 2017–2017 2 sentences 2017Those “purposeful[] requests [for] a federal forum . . . express[] a clear intent to waive immunity from suit.” Lombardo v. Pennsylvania, 540 F.3d 190, 197 (3d Cir. 2008). 2017Those “purposeful ] requests [for] a federal forum ... express[ ] a clear intent to waive immunity from suit.” Lombardo v. Pennsylvania, 540 F.3d 190, 197 (3d Cir. 2008).	1	1
SEA HAWK SEAFOODS, INC. v. Stategreen alaska · 2009 · cited in 1 New Jersey opinions naming this issue, 2017–2017 2 sentences 2017See Sea Hawk Seafoods, Inc. v. State, 215 P.3d 333, 334, 341 (Alaska 2009) (holding that state can waive sovereign immunity through litigation conduct). 6 Our decision in Allen v. Fauver is not controlling law because in that case the State’s litigation conduct was not an issue. 2017See Sea Hawk Seafoods, Inc. v. State, 215 P.3d 333, 334, 341 (Alaska 2009) (holding that state can waive sovereign immunity through litigation conduct).	1	1
National Railroad Passenger Corporation v. The Pennsylvania Public Utility Commissiongreen ca3 · 2002 · cited in 1 New Jersey opinions naming this issue, 2012–2012 1 sentence 2012See Nat’l R.R., supra, 288 F.3d at 525, 528 (rejecting contentions that Eleventh Amendment immunity or change in applicable law created equitable bar to collateral estoppel); Wells, supra, 728 F. 2d at 214 -15 (citing Restatement § 29 in eviction action as illustrative of significance of identity of parties in determining whether counterclaims are deemed “compulsory”).	1	1
Winsley v. Cook Countygreen ca7 · 2009 · cited in 1 New Jersey opinions naming this issue, 2010–2010 1 sentence 2010See, e.g., Winsley v. Cook County, 563 F.3d 598, 603 (7th Cir.2009) (reciting test in retaliatory hostile work environment claim; concluding plaintiff did not suffer disability cognizable under ADA); Owens v. St.	1	1
Kozikowski v. Delaware River Port Authoritygreen njd · 1975 · cited in 1 New Jersey opinions naming this issue, 2002–2002 2 sentences 2002River Port Auth., 397 F.Supp. 1115, 1120 (D.N.J.1975) (finding the “sue and be sued” clause to be a waiver of sovereign immunity against suit in federal court); cf. Hess, supra, 513 U.S. at 32-33 , 115 S.Ct. at 397 , 130 L.Ed.2d at 251 (holding “bistate railway, the Port Authority Trans-Hudson Corporation (PATH), is not cloaked with the Eleventh Amendment immunity that a State enjoys”). 2002River Port Auth., 397 F.Supp. 1115, 1120 (D.N.J.1975) (finding the “sue and be sued” clause to be a waiver of sovereign immunity against suit in federal court); cf. Hess, supra, 513 U.S. at 32-33 , 115 S.Ct. at 397 , 130 L.Ed.2d at 251 (holding “bistate railway, the Port Authority Trans-Hudson Corporation (PATH), is not cloaked with the Eleventh Amendment immunity that a State enjoys”).	1	1
Fuchilla v. Laymangreen nj · 1988 · cited in 1 New Jersey opinions naming this issue, 2000–2000 2 sentences 2000Kovats, supra, 822 F.2d at 1312 n. 10; see also Fuchilla, supra, 109 N.J. at 330 , 537 A.2d 652 (holding that University of Medicine and Dentistry of New Jersey does not enjoy Eleventh Amendment immunity, and -is a “person” within meaning of section 1983). 2000Kovats, supra, 822 F.2d at 1312 n. 10; see also Fuchilla, supra, 109 N.J. at 330 , 537 A.2d 652 (holding that University of Medicine and Dentistry of New Jersey does not enjoy Eleventh Amendment immunity, and -is a “person” within meaning of section 1983).	1	1
Krebs v. Rutgersgreen njd · 1992 · cited in 1 New Jersey opinions naming this issue, 1993–1993 1 sentence 1993Contrary conclusions have been reached as to Eleventh Amendment immunity, Kovats v. Rutgers, 822 F. 2d 1303 , 1312 (3rd Cir.1987), cert. denied, 489 U.S. 1014 , 109 S.Ct. 1126 , 103 L.Ed. 2d 188 (1989), the federal Privacy Act, Krebs v. Rutgers, 797 F. Supp. 1246, 1256 (D.N.J. 1992), and the public bidding statutes, Rutgers v. Kugler, 110 N.J.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (10)

Case	Cited	Years
Monell v. New York City Dept. of Social Servs. green scotus · 1978 2 sentences 2025Servs., 436 U.S. 658 , 690 n.54 (1978) (“Nor is there any basis for concluding that the Eleventh Amendment is a bar to municipal liability. 2000The Third Circuit concluded that “a majority of the relevant criteria weigh against considering Rutgers an arm of the state entitled to Eleventh Amendment immunity---- [I]t remains under state law an independent entity able to direct its own actions and responsible on its own judgments resulting from those actions.” Id. at 1312. *471 Furthermore, because an entity that does not enjoy Eleventh Amendment immunity is considered a “person” subject to suit under 42 U.S.C.A. § 1983 , Monell v. New York City Dept. of Social Services, 436 U.S. 658 , 690 n. 55, 98 S.Ct. 2018 , 2035 n. 55, 56 L.Ed.2d 61	2	2000–2025
cluster 431734 green ca3 · 1984 2 sentences 2012See Nat’l R.R., supra, 288 F.3d at 525, 528 (rejecting contentions that Eleventh Amendment immunity or change in applicable law created equitable bar to collateral estoppel); Wells, supra, 728 F. 2d at 214 -15 (citing Restatement § 29 in eviction action as illustrative of significance of identity of parties in determining whether counterclaims are deemed “compulsory”). 2012See Nat’l R.R., supra, 288 F.3d at 525, 528 (rejecting contentions that Eleventh Amendment immunity or change in applicable law created equitable bar to collateral estoppel); Wells, supra, 728 F. 2d at 214 -15 (citing Restatement § 29 in eviction action as illustrative of significance of identity of parties in determining whether counterclaims are deemed “compulsory”).	1	2012–2012
In Re Determination of Executive Commission on Ethical Standards green nj · 1989 2 sentences 2000In In re Executive Commission on Ethical Standards, 116 N.J. 216 , 561 A.2d 542 (1989), the Court considered “whether a Rutgers law professor conducting a clinical teaching program is to be regarded as a ‘State employee’ for purposes of the New Jersey Conflicts of Interest Law.” Id. at 218 , 561 A.2d 542 . 2000In In re Executive Commission on Ethical Standards, 116 N.J. 216 , 561 A.2d 542 (1989), the Court considered “whether a Rutgers law professor conducting a clinical teaching program is to be regarded as a ‘State employee’ for purposes of the New Jersey Conflicts of Interest Law.” Id. at 218 , 561 A.2d 542 .	1	2000–2000
Hart v. Property Management Systems green nj · 1995 1 sentence 1996We granted the Port Authority’s petition for certification, 141 N.J. 99 , 660 A.2d 1197 (1995).	1	1996–1996
Rutgers v. Kugler green njsuperctappdiv · 1970 2 sentences 1993Contrary conclusions have been reached as to Eleventh Amendment immunity, Kovats v. Rutgers, 822 F. 2d 1303 , 1312 (3rd Cir.1987), cert. denied, 489 U.S. 1014 , 109 S.Ct. 1126 , 103 L.Ed. 2d 188 (1989), the federal Privacy Act, Krebs v. Rutgers, 797 F. Supp. 1246, 1256 (D.N.J. 1992), and the public bidding statutes, Rutgers v. Kugler, 110 N.J. 1993Super. 424, 434 , 265 A. 2d 847 (Law Div. 1970), aff'd o.b., 58 N.J. 113 , 275 A. 2d 441 (1971).	1	1993–1993
Capodanno v. Capodanno green nj · 1971 1 sentence 1993Super. 424, 434 , 265 A. 2d 847 (Law Div. 1970), aff'd o.b., 58 N.J. 113 , 275 A. 2d 441 (1971).	1	1993–1993
Rutgers v. Kugler green nj · 1971 1 sentence 1993Super. 424, 434 , 265 A. 2d 847 (Law Div. 1970), aff'd o.b., 58 N.J. 113 , 275 A. 2d 441 (1971).	1	1993–1993
Ervin v. County of Los Angeles green scotus · 1989 1 sentence 1993Contrary conclusions have been reached as to Eleventh Amendment immunity, Kovats v. Rutgers, 822 F. 2d 1303 , 1312 (3rd Cir.1987), cert. denied, 489 U.S. 1014 , 109 S.Ct. 1126 , 103 L.Ed. 2d 188 (1989), the federal Privacy Act, Krebs v. Rutgers, 797 F. Supp. 1246, 1256 (D.N.J. 1992), and the public bidding statutes, Rutgers v. Kugler, 110 N.J.	1	1993–1993
LSLJ Partnership v. Frito-Lay, Inc. green scotus · 1989 1 sentence 1993Contrary conclusions have been reached as to Eleventh Amendment immunity, Kovats v. Rutgers, 822 F. 2d 1303 , 1312 (3rd Cir.1987), cert. denied, 489 U.S. 1014 , 109 S.Ct. 1126 , 103 L.Ed. 2d 188 (1989), the federal Privacy Act, Krebs v. Rutgers, 797 F. Supp. 1246, 1256 (D.N.J. 1992), and the public bidding statutes, Rutgers v. Kugler, 110 N.J.	1	1993–1993
Ewell v. Thompson green scotus · 1989 1 sentence 1993Contrary conclusions have been reached as to Eleventh Amendment immunity, Kovats v. Rutgers, 822 F. 2d 1303 , 1312 (3rd Cir.1987), cert. denied, 489 U.S. 1014 , 109 S.Ct. 1126 , 103 L.Ed. 2d 188 (1989), the federal Privacy Act, Krebs v. Rutgers, 797 F. Supp. 1246, 1256 (D.N.J. 1992), and the public bidding statutes, Rutgers v. Kugler, 110 N.J.	1	1993–1993

Where else courts name it

TX 64 (1992–2025) CA 29 (1984–2025) MD 24 (1986–2026) PA 21 (1983–2026) FL 20 (1986–2010) IN 19 (1993–2020) NY 16 (1978–2025) NM 14 (1986–2016) AL 13 (1983–2016) MI 11 (1983–2025) GA 11 (2002–2026) NJ 11 (1991–2025) CO 10 (1990–2026) ND 10 (1983–2019) CT 9 (1984–2020) MA 9 (1981–2004) ME 8 (1995–2018) WV 8 (1982–2023) IL 8 (1999–2025) NC 8 (1983–2013) OR 7 (1992–2007) HI 6 (1992–2025) OH 6 (1991–2005) IA 5 (2001–2020) WA 5 (1991–2016) LA 5 (1995–2009) VA 5 (2023–2025) AK 5 (1981–2017) KS 5 (1994–2016) MN 4 (1985–2017) AR 4 (1998–2014) DC 4 (1992–2022) AZ 4 (1988–2022) WY 4 (2010–2018) RI 3 (1983–2009) OK 3 (1981–1999) SC 3 (1990–2003) VI 3 (2023–2025) MT 3 (1992–2017) NE 3 (1984–2015) VT 3 (1990–2023) TN 2 (1992–2023) KY 2 (2011–2013) DE 2 (1998–1999) SD 2 (1997–1997) UT 2 (2014–2018) ID 2 (1987–1993) NV 2 (2006–2021) MP 2 (1996–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check