Estate of Ware v. Hospital of the Univ. of Penn. — civil — affirmance — Ambro

Judge Ambro is a national treasure, and here is the conclusion to his opinion today:

The facts of Boyer’s action are tragic: her husband, a 47-year-old researcher whose life’s work was studying the effects of radiation on biological organisms, died from a rare form of brain cancer. But as often happens in the law, this case provides us little opportunity to contemplate Ware’s suffering from his illness or his family’s suffering from his loss. Instead, our review is confined to bloodless questions of statutory interpretation and appropriate management of litigation. On these issues we find no fault with the District Court’s holdings. The Price-Anderson Act governed Boyer’s negligence claims, and the Court did not abuse its discretion in denying her request to withdraw those claims and to remand her others. We thus affirm its judgment.

Joining Ambro were Restrepo and Cowen. Arguing counsel were Aaron Freiwald of Layser & Freiwald (nice website!) for the plaintiff and Donald Jose of Jose & Associates and Theresa Sachs of Marshall Dennehey for the university.