Immunity

As a sovereign entity, the United States government is immune from suit unless it consents to be sued.1 However, its sovereign immunity may be waived under certain circumstances under the Federal Torts Claim Act (“FTCA”), which is the exclusive remedy for state law torts committed by federal employees within the scope of their employment.2

The Third Circuit recently affirmed entry of summary judgment in favor of General Electric (“GE”) on grounds of derivative sovereign immunity. The Third Circuit found that GE was entitled to derivative sovereign immunity under current established doctrine in Yearsley and Boyle because all of GE’s work and equipment at issue was performed and/or designed pursuant