The widow of a University of Pennsylvania scientist who studied the effects of radiation and died of brain cancer allegedly derived from exposure to radiation cannot sue the university for his death.

The U.S. Court of Appeals for the Third Circuit upheld the dismissal of Barbara Boyer's case against Penn over the death of her husband, Jeffrey Ware, citing the fact that she provided no expert witnesses to support her claims that exposure to radiation during Ware's research at Penn caused his death at age 47.

One of the central arguments in the case was whether the Price-Anderson Nuclear Industries Indemnity Act applied to Boyer's claims and whether the case belonged in federal court. The act sets the standard for liability in nuclear facilities.