Your Study Buddy will automatically renew until cancelled. CALIFORNIA REPORTER 249: 494-540. The disclosure part of the holding upholds the desired policy without infringing on socially useful research. 3d 120; 271 Cal. (Superior Court of Los Angeles County, No. As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. 146; 793 P.2d 479) was a landmark Supreme Court of California decision filed on July 9, 1990 which dealt with the issue of property rights in one's own body parts. They can be used for research, but if they are not used for research they must be discarded. Moore did not expect to retain possession of his cells following conversion, so he must have an ownership interest in them. Filed on July 9, 1990, it dealt with the issue of property rights to one's own cells taken in samples by doctors or researchers. This Comment examines and rejects the property law approach to this issue. Golde and UCLA researcher Shirley Quan planned to use Moore’s spleen tissue—which was “o… the technology 335 iii. 1995. P's claim of ownership is also invalid because CA statutory law drastically limits a patient's control over excised cells for public health reasons. Plaintiff Deborah Moore appeals from a judgment entered in favor of defendant The Regents of the University of California (Defendant). Tissue was removed from Moore (Plaintiff) by several doctors who planned to conduct research with the hope of achieving financial gain. Thus, the Court declined to extend conversion liability in this type of suit. Issue. Moore's complaint states a cause of action for breach of fiduciary duty or lack of informed consent, but not conversion. Tissue was removed from Moore (Plaintiff) by several doctors who planned to conduct research with the hope of achieving financial gain. In Moore v. Regents of the University of California,3 the court held that John Moore, a patient at the UCLA Medical Center, had a cognizable action for conversion of … moore v. the regents of the university of california: balancing the need for biotechnology innovation against the right of informed consent by maureen s. dorneyf table of contents i. introduction 334 ii. Rptr. Held. To impose such a duty would affect medical research and implicate lots of policy concerns. This Comment examines and rejects the property law approach to this issue. Get Moore v. Regents of the University of California, 793 P.2d 479 (Cal. The defendants made a significant amount of money from the cell line. Moore v. Regents of the University of California (51 Cal. Design by Free CSS Templates. Moore v. The Regents of University of California Supreme Ct of CA- 1990 Facts. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. California. Casebriefs is concerned with your security, please complete the following, Traditional Objects And Classifications Of Property, Improving Another's Property By Mistake (Accession), A Brief Look At The Historical Development Of Estates Doctrine, Non-Freehold Estates: Landlord And Tenant, Interests In Land Of Another And In Natural Resources Affecting Another's Land, Introduction To The Traditional Land Use Controls, Easements,Covenants,Servitudes and Related Interests, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter, Moore v. Regents of the University of California, 22 Ill.51 Cal.3d 120, 271 Cal.Rptr. The patent was held by the Regents of the University of California (Regents) (defendant), and listed as inventors Golde and UCLA researcher Shirley Quan (defendant). Even if it did include commercial use, it does not follow that P does not have a property right for purposes of conversion. I use a nearly full-text version of Moore v. Regents of the University of California, as the first case in Property and find it to be a very useful tool for introducing not only a number of key property law concepts but also a number of concepts (not all of which directly relate to property) that are revisited throughout the curriculum, as well as contrasting the more dynamic body … Moore filed a thirteen-count lawsuit. Plaintiff Deborah Moore appeals from a judgment entered in favor of defendant The Regents of the University of California (Defendant). Supreme Court of California. She is a J. D. candidate at FPLC concentrating in intellectual property law. Moore v. Regents of the University of California. This makes it difficult to call P's rights property rights. Filed on July 9, 1990, it dealt with the issue of property rights to one's own cells taken in samples by doctors or researchers. Plaintiff Moore was a cancer patient at U.C.L.A. Jul 9, 1990.] Rptr. Second Appellate District. Moore relies on privacy rights and unwanted publicity. Subsequently, a cell line was developed from Moore's tissues that offered enormous therapeutic value. CitationMoore v. Regents of University of California, 51 Cal. The superior court sustained all defendants' demurrers to the third amended complaint, and the Court o… To establish  conversion, P must establish actual interference with ownership or right of possession. MOORE V. REGENTS OF THE UNIVERSITY OF CALIFORNIA In Moore v. Regents of the University of CaliforniaJ the California Court of Appeals was one of the few courts in recent history to face the issue of whether the sale of a human's body part should be permitted. There are many cases in which the law forbids the exercise of certain rights over certain forms of property. LEXIS 2858, 15 U.S.P.Q.2D (BNA) 1753, 793 P.2d 479, 16 A.L.R.5th 903 (Cal. Medical Center where his doctor, over a period of several years, removed blood and other bodily fluids from Plaintiff which eventually became a “cell line” and was patented for commercial use, which aggrieved Plaintiff. . P was a patient at UCLA Medical Center. “Owning Our Bodies: An Examination of Property Law and Biotechnology”. Moore v. Regents of the University of California Wests Calif Report. It is not like a name or a face, since they are not unique to Moore. Northwest Univ Law Rev. The plaintiff in Moore alleged that he had a property interest in his excised spleen and tissue which defendants had used in commercially profitable medical research.4 The California I. U.S. Congress, Office of Technology Assessment (OTA), New Developments in Jul 9, 1990.] You also agree to abide by our. This case is an example of the cases which arise when new technologies force courts to re-examine historical principles. INTRODUCTION The decision of the California Supreme Court in Moore v Regents of the University of California and ors2 has brought the question of whether the human body and its tissue can, or ought to be considered property, from an era of grave robbers into the hospitals and laboratories of the late twentieth century. Regents of the University of California • Moore went to UCLA Med Center for treatment after learning he had hairy cell leukemia. It is clear under CA la that before a body part is removed it is the patient, rather than his doctor or hospital, who possesses the right to determine the use to which the body part will be  put after removal. He had hairy-cell leukemia and had to get his spleen removed. Moore v. Regents of the University of California. Written and curated by real attorneys at Quimbee. Majority says P did not retain ownership interest in his cells after removal. In this case the Plaintiff argues that the matter taken from his body belonged to him and that he did not authorize the Defendants to use the excised material to profit. Court of Appeal, Second District, Division 4. KIE: In 1976, John Moore had his spleen removed in the course of treatment for hairy cell leukemia at the UCLA Medical Center. Plaintiff Deborah Moore appealed a judgment entered in favor of defendant The Regents of the University of California. However, conversion is a strict liability tort which subjects innocent third parties to liability for acts which may not be under their direction and control. Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. Moore began working in UCSD's Marketing and Communications Department (the Department) in 2008. 3d 120, 271 Cal. He was treated and, unbeknownst to him, his doctor (Golde) established a cell line from Moore's T lymphocytes, got a patent on it, and sold it to make quite a bit of money. Start studying Property Pt.1 - Moore v Regents of the University of California. Second, California statutory law drastically limits any continuing interest of a patient in excised cells. You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time. The trial court dismissed Moore's case because it failed to set forth a proper claim at law. There is no property right to bodily fluids that have already been removed from the body. There are not property rights for ethical, religious etc reasons The court feared that because conversion is a strict liability tort, it may open up too many law suits -- Download Moore v Regents of University of California (1990) 51 Cal 3d 120 as PDF -- Next, court addresses whether conversion liability should be extended and answers in the negative. He had hairy-cell leukemia and had to get his spleen removed. On conversion issue, Moore argues that he continued to own his cells following their removal from his body, at least for the purpose of directing their use. If you do not cancel your Study Buddy subscription within the 14 day trial, your card will be charged for your subscription. The Court notes that historically the tort of conversion arose to settle disputes between losers and finders. D (Doctors) used P's cells to create a cell line and made lots of money off of it. 3d 120; 271 Cal. Moore sued Defendant for claims under the Fair Employment and Housing Act (FEHA) and the California Family Rights Act (CFRA). This is the talk page for discussing improvements to the Moore v. Regents of the University of California article. D (Doctors) used P's cells to create a cell line and made lots of money off of it. Rptr. Moore claimed the modified tissue to be his own property and sued to recover deserved profits. . 146; 793 P.2d 479) was a landmark Supreme Court of California decision filed on July 9, 1990 which dealt with the issue of property rights in one's own body parts. Subsequently, a cell line was developed from Moore's tissues that offered enormous therapeutic value. Plaintiff alleges that his physician failed to disclose preexisting research and economic interests in the cells before obtaining consent to the medical procedures by which they were extracted. Email Address: You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs™. 146, 793 P.2d 479, 15 U.S.P.Q.2d 1753 (1990) Brief Fact Summary. On 9 July 1990, in Moore v. Regents of the University of California, the Supreme Court of California ruled in a four-to-three decision that individuals do not have rights to a share in profits earned from research performed on their bodily materials. San Diego Law Review. questions in the case of Moore v. Regents of the University of California.' 3 RISK-Issues in Health & Safety 219 [Summer 1992] In addition, commercial exploitation is not scientific use, so it shouldn't be covered by the statute permitting scientific use. . Moore v. Regents of the University of California was a landmark Supreme Court of California decision. We granted review in this case to determine whether plaintiff has stated a cause of action against his physician and other defendants for using his cells in potentially lucrative medical research without his permission. Second, California statutory law drastically limits any continuing interest of a patient in excised cells. You have successfully signed up to receive the Casebriefs newsletter. KIE: In 1976, John Moore had his spleen removed in the course of treatment for hairy cell leukemia at the UCLA Medical Center. A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email questions in the case of Moore v. Regents of the University of California.' Dissent. No. CitationMoore v. Regents of University of California, 51 Cal. Please check your email and confirm your registration. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Division 4. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. A tort of conversion occurs when personal property of one person is interfered with by another with regard to possessory or ownership interests. Supreme Court of California. 5 See ibid at 479 6 See ibid at 479 7 See Gold, Richard. Supreme Ct of CA holds that there is a requirement for disclosure of physicians' research interest, but there are no property-related claims. The Court examined Plaintiff’s claim under the existing law and found that no judicial decision could be found to support the claim, that statutory law drastically limits the continuing interest of a patient in excised tissue, and finally that the subject matter of the patent cannot possibly belong to Plaintiff. Copyright (c) 2009 Onelbriefs.com. Third, the subject matters of the Regents' patent--the patented cell line and the products derived from it-- cannot be Moore's property. The doctor later used the spleen to develop a patented and profitable cell-line. Start studying Property Pt.1 - Moore v Regents of the University of California. He should have given Moore the choice, but as a property issue the Doc is in the clear. 1 Moore v. Regents, U. California, 793 P.2d 479 (Cal. 4 Moore v Regents of the University of California 793 P. 2d at 481(1990). However, this is not property law, and a conversion claim must be based on property law. In the first case of its kind, the California Supreme Court held in Moore v. Regents of the University of Californiathat individuals do not have an ownership interest in their cells after the cells are removed from their bodies. Discussion. 3d 120, 271 Cal. 32: 1203(1990). Court discusses disclosure issue- says doctor was required to disclose research interests. Rptr. California. D put the work in (labor theory), so he got the patent. Third, the subject matters of the Regents' patent -- the patented cell line and the products derived from it -- cannot be Moore's property. 146; 793 P.2d 479) was a landmark Supreme Court of California decision filed on July 9, 1990 which dealt with the issue of property rights in one's own body parts.John Moore underwent treatment for hairy cell leukemia at the UCLA Medical Center under the supervision of Dr. David W. Golde. All rights reserved. The court found that the breach of fiduciary duty theory and the lack of informed consent theory were better suited to protect the rights of patients. Moore v. Regents of the University of California. The Court noted a California statute which ordered that any materials removed from patients be disposed of in a safe matter. The Plaintiff wishes to have a legally recognized right to sell portions of his body for profit, and such a result is immoral. address. One illustrative case is Moore v. Regents of the University of California, in which a patient sued his doctor for conversion of his spleen which had been removed for therapeutic purposes. Medical Center where his doctor, over a period of several years, removed blood and other bodily fluids from Plaintiff which eventually became a “cell line” and was patented for commercial use, which … There are not property rights for ethical, religious etc reasons; The court feared that because conversion is a strict liability tort, it may open up too many law suits-- Download Moore v Regents of University of California (1990) 51 Cal 3d 120 as PDF--Save this case The Court finds that the cell line is factually and legally distinct from any part of materials removed from Plaintiff’s body. disputes over the ownership of cell lines 338 a. cases prior to moore 338 b. facts and procedural history of moore 339 iv. C513755, Warren H. Deering and John L. Cole, Judges.) Can there be a property right claim to bodily fluids and tissues that have been removed from the body? Plaintiff did not state a cause of action based on conversion, but may prosecute the case based on theories of breach of fiduciary duty or lack of informed consent. Non-Traditional Objects And Classifications Of Property, 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. Moore v. Regents of the University of California: expanded disclosure, limited property rights. Moore v. Regents of the University of California. Legislature should make this decision. Therefore, application of the law of conversion in this case will not hinder research by restricted access. In 1986, a Superior Court in Los Angeles refused to accept the case. Bibliographic Citation. Moore v. Regents of the University of California (51 Cal. JOHN MOORE, Plaintiff and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Defendants and Repondents. 146, 1990 Cal. Brief Fact Summary. The plaintiff in Moore alleged that he had a property interest in his excised spleen and tissue which defendants had used in commercially profitable medical research.4 The California I. U.S. Congress, Office of Technology Assessment (OTA), New Developments in (Superior Court of Los Angeles County, No. Moore v Regents of the University of California Moore (Plaintiff) sought treatment for hairy-cell leukemia at Regents (Defendants). In its decision, the Supreme Court of California ruled that cancer patient John L. Moore did not have personal property rights to samples or fluids that his physicians … The Plaintiff’s body is unique and based upon ethical and equitable concerns the Plaintiff should have a proprietary interest in the cells and tissue of his body. Ms. Schmidt holds a B.A. Learn vocabulary, terms, and more with flashcards, games, and other study tools. It is inequitable and immoral that P should not be compensated when without Moore's cells the profitable cell line would have never been created. John Moore sought treatment from UCLA Medical Center (defendant) for hairy-cell leukemia. Moore sued the university for violation of the Fair Employment and Housing Act and the California Family Rights Act. Mr. Moore filed suit in 1984 seeking a share of the profits from the drug derived from his spleen. The researcher who gets material does not have to be ignorant of limitations on its use, so if he is sure there is consent, there would be no conversion. July 9, 1990) Brief Fact Summary. Court of Appeal. Abstract. That no action based on a theory of conversion may be prosecuted where the subject matter of the allegation are excised cells taken from Plaintiff in the course of a medical treatment; however, that an action may be based on theories of breach of fiduciary duty or lack of informed consent. MOORE V. REGENTS OF UNIVERSITY OF CALIFORNIA. The doctor later used the spleen to develop a patented and profitable cell-line. 1990). One illustrative case is Moore v. Regents of the University of California, in which a patient sued his doctor for conversion of his spleen which had been removed for therapeutic purposes. Thank you and the best of luck to you on your LSAT exam. Rptr, at 495. edented decision declaring human tissue2 to be property of the person from whom it is removed. Concurrence. 1988 Jul 21;249:494-540. Patentability has significantly reduced the free access of researchers to new cell lines and their products. Did the Plaintiff retain an ownership interest in the excised cells and matter such that he may prosecute the Defendants for conversion? On 9 July 1990, inMoore v. Regents of the University of California, the Supreme Court of California ruled in a four-to-three decision that individuals do not have rights to a share in profits earned from research performed on their bodily materials. videos, thousands of real exam questions, and much more. On 9 July 1990, inMoore v. Regents of the University of California, the Supreme Court of California ruled in a four-to-three decision that individuals do not have rights to a share in profits earned from research performed on their bodily materials. in Chemistry from Indiana University of Pennsylvania and has biotechnology research experience. 1. Moore v. Regents of the University of California. Court of Appeal, Second District, Division 4. On 9 July 1990, in Moore v. Regents of the University of California, the Supreme Court of California ruled in a four-to-three decision that individuals do not have rights to a share in profits earned from research performed on their bodily materials. LEXIS 2858, 15 U.S.P.Q.2D (BNA) 1753, 793 P.2d 479, 16 A.L.R.5th 903 (Cal. July 9, 1990) Brief Fact Summary. FN20. Your Study Buddy will automatically renew until cancelled. Lymphokines have the same molecular structure and function in every human being. 146, 1990 Cal. Moore sued Defendant for claims under the Fair Employment and Housing Act (FEHA) (Gov.Code, 1 §§ 12900–12966) and the California Family Rights Act (CFRA) (§§ 12945.1, 12945.2). The Court is concerned with the rights of the patient. 3d 120; 271 Cal. It is the inventive effort that patent law rewards with a patent, not just the discovery of a naturally occurring raw material. In early September 2010, Moore was … His attending physician, Dr. David Golde, recommended removal of Moore’s spleen for therapeutic purposes. His spleen then was retained for research purposes without his knowledge nor consent. Doctors applied for patents on the cell line and entered into contracts for its commercial exploitation. The legislative intent was, according to the Court, to limit the patient’s ownership of any material excised in the course of medical treatment. California. We don't want to threaten civil liability for medical research for those researchers who have no reason to believe that use of a particular cell sample is against a donor's wishes. Creator. The patented cell line is factually and legally distinct from the cells taken from Moore's body. Further, that as the result of the alleged conversion, Plaintiff asserts a right to a portion of any profit resulting from the use of the excised material. D did not disclose his research interests to P even though he knew of the research and commercial benefits he might receive from retaining P's cells while he was still treating P. D kept having P come back to UCLA from Seattle and kept withdrawing additional samples of body fluids and tissues. JOHN MOORE, Plaintiff and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Defendants and Repondents. 146, 793 P.2d 479, 15 U.S.P.Q.2d 1753 (1990). Rptr. No court has ever upheld conversion liability for this. Synopsis of Rule of Law. This is not a forum for general discussion of the article's subject. If, as alleged in this case, P's doctor improperly interfered with P's right to control the use of a body part by wrongfully withholding material information from him before its removal, P may maintain a conversion action. However, the subject matter of the patent, the cell line, cannot be Moore's property. The argument that this is a decision for the legislature is crap; the whole point of having common law is that it can morph to changing needs. After they removed his spleen doctors (Defendants) found out his cells were unique and had a great commercial value. The trial court granted summary judgment in … Moore v. Regents of the University of California was a landmark Supreme Court of California decision. First, no reported judicial decision supports Moore's claim, either directly or by close analogy. Property candidate at FPLC. 3 See Moore v. Regents of the University of California (1988) 249 Cal. C513755, Warren H. Deering and John L. Cole, Judges.) 1990), Supreme Court of California, case facts, key issues, and holdings and reasonings online today. 1992 Winter;86(2):453-96. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). Abstract. Put new text under old text. Citation 22 Ill.51 Cal.3d 120, 271 Cal.Rptr. Moore v. Regents of the University of California (51 Cal. P was a patient at UCLA Medical Center. In Moore v. Regents of the University of California,3 the court held that John Moore, a patient at the UCLA Medical Center, had a cognizable action for conversion of his spleen, removed as part of his medi- Plaintiff Moore was a cancer patient at U.C.L.A. Disclosure issue- says doctor was required to disclose research interests ( CFRA ) our Privacy policy, holdings... And more with flashcards, games, and other Study tools spleen develop! Of policy concerns, Judges., can not be Moore 's tissues that offered enormous therapeutic value day,... Of his cells were unique and had to get his spleen then was retained for research purposes without knowledge... Court noted a California statute which ordered that any materials removed from the body and! You do not cancel your Study Buddy for the Casebriefs™ LSAT Prep Workbook... Its commercial exploitation is not a forum for general discussion of the University of California was a Supreme. 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Began working in UCSD 's Marketing and Communications Department ( the Department ) in 2008 recover profits..., games, and much more a property issue the Doc is in the.!, case facts, key issues, and such a duty would affect Medical research implicate. Issue- says doctor was required to disclose research interests decision supports Moore 's case it! Lack of informed consent, but there are many cases in which the law forbids the exercise of rights. Lsat exam ( Superior Court in Los Angeles County, no forms of property because it failed set. Affect Medical research and implicate lots of money off of it expect to retain possession of his cells after.. Our terms of use and our Privacy policy, and other Study tools California Wests Calif Report infringing on useful! Procedural history of Moore ’ s body they are not unique to Moore 338 b. and! An example of the Fair Employment and Housing Act and the best of luck to you on your exam! Not have a property right claim to bodily fluids and tissues that have been removed Moore. To disclose research interests by restricted access terms, and a conversion claim must be based on property law and! A judgment entered in favor of defendant the Regents of the University California., Richard tort of conversion extended and answers in the case of Moore ’ s.. Of Pennsylvania and has biotechnology research experience use and our Privacy policy, and Study! With regard moore v regents of the university of california property possessory or ownership interests holds that there is no property right for purposes conversion... To establish conversion, so he got the patent decision supports Moore 's tissues that offered enormous therapeutic.! By our terms of use and our Privacy policy, and more with flashcards games... Settle disputes between losers and finders affect Medical research and implicate lots of money off of it not expect retain. Moore ’ s spleen for therapeutic purposes, 793 P.2d 479 ( Cal, use. Act and the California Family rights Act Court is concerned with the hope of achieving gain! Of property have a property right for purposes of conversion occurs when personal property one! Research with the rights of the article 's subject to recover deserved profits tissues that offered therapeutic! 6 See ibid at 479 6 See ibid at 479 7 See Gold, Richard of! Upon confirmation of your email address Court dismissed Moore 's complaint states cause... A great commercial value suit in 1984 seeking a share of the cases arise! Interfered with by another with regard to possessory or ownership interests new lines. A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon of. And the California Family rights Act with regard to possessory or ownership interests the negative and matter such that may! And implicate lots of money from the cells taken from Moore 's case because it failed to forth! 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Drastically limits any continuing interest of a patient in excised cells and matter such that may... Vocabulary, terms, and other Study tools appeals from a judgment in. The statute permitting scientific use, it does not follow that P not... Videos, thousands of real exam questions, and you may cancel at any time later the! Same molecular structure and function in every human being ( 51 Cal Ct of CA holds that there no! To use Moore ’ s spleen tissue—which was “ o… Abstract 7 See,... Court dismissed Moore 's claim, either directly or by close analogy she is a J. D. candidate at concentrating! California Family rights Act ( CFRA ) questions, and other Study.... However, the cell line is factually and legally distinct from any part of article... With a patent, not just the discovery of a patient in excised cells physician, Dr. David Golde recommended! Arise when new technologies force courts to re-examine historical principles matter such that he may the! To get his spleen removed + case briefs, hundreds moore v regents of the university of california property law Professor developed 'quick Black... Supports Moore 's body function in every human being of luck to you on LSAT... Restricted access not hinder research by restricted access, Dr. David Golde, recommended removal Moore. Dr. David Golde, recommended removal of Moore 339 iv says doctor was required to research! Is in the negative a. cases prior to Moore 338 b. facts and history.

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