Plaintiff Moore was a cancer patient at U.C.L.A. 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. C513755, Warren H. Deering and John L. Cole, Judges.) This is the talk page for discussing improvements to the Moore v. Regents of the University of California article. 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 … The disclosure part of the holding upholds the desired policy without infringing on socially useful research. In addition, commercial exploitation is not scientific use, so it shouldn't be covered by the statute permitting scientific use. 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. 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. The trial court dismissed Moore's case because it failed to set forth a proper claim at law. Citation 22 Ill.51 Cal.3d 120, 271 Cal.Rptr. Tissue was removed from Moore (Plaintiff) by several doctors who planned to conduct research with the hope of achieving financial gain. FN20. A tort of conversion occurs when personal property of one person is interfered with by another with regard to possessory or ownership interests. 4 Moore v Regents of the University of California 793 P. 2d at 481(1990). 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. 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. Even if it did include commercial use, it does not follow that P does not have a property right for purposes of conversion. 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 . 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. address. 5 See ibid at 479 6 See ibid at 479 7 See Gold, Richard. To impose such a duty would affect medical research and implicate lots of policy concerns. Court of Appeal, Second District, Division 4. Non-Traditional Objects And Classifications Of Property, 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. 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. 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. Concurrence. 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. Rptr. Plaintiff Deborah Moore appeals from a judgment entered in favor of defendant The Regents of the University of California (Defendant). 3d 120; 271 Cal. After they removed his spleen doctors (Defendants) found out his cells were unique and had a great commercial value. 32: 1203(1990). Thank you and the best of luck to you on your LSAT exam. 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. The Court notes that historically the tort of conversion arose to settle disputes between losers and finders. 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. C513755, Warren H. Deering and John L. Cole, Judges.) JOHN MOORE, Plaintiff and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Defendants and Repondents. In early September 2010, Moore was … Supreme Court of California. July 9, 1990) Brief Fact Summary. Did the Plaintiff retain an ownership interest in the excised cells and matter such that he may prosecute the Defendants for conversion? 146, 793 P.2d 479, 15 U.S.P.Q.2d 1753 (1990) Brief Fact Summary. Start studying Property Pt.1 - Moore v Regents of the University of California. 146, 1990 Cal. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. Moore began working in UCSD's Marketing and Communications Department (the Department) in 2008. 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 -- Your Study Buddy will automatically renew until cancelled. 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. John Moore sought treatment from UCLA Medical Center (defendant) for hairy-cell leukemia. 1. Legislature should make this decision. 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. Moore v. Regents of the University of California. JOHN MOORE, Plaintiff and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Defendants and Repondents. Jul 9, 1990.] 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. The Court noted a California statute which ordered that any materials removed from patients be disposed of in a safe matter. His attending physician, Dr. David Golde, recommended removal of Moore’s spleen for therapeutic purposes. The superior court sustained all defendants' demurrers to the third amended complaint, and the Court o… Moore v. The Regents of University of California Supreme Ct of CA- 1990 Facts. 146, 793 P.2d 479, 15 U.S.P.Q.2d 1753 (1990). Design by Free CSS Templates. Rptr. Get Moore v. Regents of the University of California, 793 P.2d 479 (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. Third, the subject matters of the Regents' patent -- the patented cell line and the products derived from it -- cannot be Moore's property. The Court is concerned with the rights of the patient. D (Doctors) used P's cells to create a cell line and made lots of money off of it. Moore v. Regents of the University of California was a landmark Supreme Court of California decision. . Creator. CitationMoore v. Regents of University of California, 51 Cal. 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). 3d 120; 271 Cal. 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. California. 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. 3 See Moore v. Regents of the University of California (1988) 249 Cal. 3d 120, 271 Cal. Court of Appeal, Second District, Division 4. Dissent. LEXIS 2858, 15 U.S.P.Q.2D (BNA) 1753, 793 P.2d 479, 16 A.L.R.5th 903 (Cal. Regents of the University of California • Moore went to UCLA Med Center for treatment after learning he had hairy cell leukemia. . A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email Moore did not expect to retain possession of his cells following conversion, so he must have an ownership interest in them. Start studying Property Pt.1 - Moore v 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. D (Doctors) used P's cells to create a cell line and made lots of money off of it. Synopsis of Rule of Law. Golde and UCLA researcher Shirley Quan planned to use Moore’s spleen tissue—which was “o… The doctor later used the spleen to develop a patented and profitable cell-line. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. 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. 146, 1990 Cal. P was a patient at UCLA Medical Center. 1988 Jul 21;249:494-540. Please check your email and confirm your registration. Subsequently, a cell line was developed from Moore's tissues that offered enormous therapeutic value. This is not a forum for general discussion of the article's subject. Lymphokines have the same molecular structure and function in every human being. Moore sued the university for violation of the Fair Employment and Housing Act and the California Family Rights Act. San Diego Law Review. Bibliographic Citation. She is a J. D. candidate at FPLC concentrating in intellectual property law. Put new text under old text. Northwest Univ Law Rev. Abstract. Moore v. Regents of the University of California. Copyright (c) 2009 Onelbriefs.com. Brief Fact Summary. He had hairy-cell leukemia and had to get his spleen removed. The Plaintiff wishes to have a legally recognized right to sell portions of his body for profit, and such a result is immoral. 3 RISK-Issues in Health & Safety 219 [Summer 1992] Second, California statutory law drastically limits any continuing interest of a patient in excised cells. To establish  conversion, P must establish actual interference with ownership or right of possession. 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. 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™. Second, California statutory law drastically limits any continuing interest of a patient in excised cells. However, the subject matter of the patent, the cell line, cannot be Moore's property. Can there be a property right claim to bodily fluids and tissues that have been removed from the body? 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). Moore v. Regents of the University of California was a landmark Supreme Court of California decision. Moore claimed the modified tissue to be his own property and sued to recover deserved profits. Moore sued Defendant for claims under the Fair Employment and Housing Act (FEHA) and the California Family Rights Act (CFRA). 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. Learn vocabulary, terms, and more with flashcards, games, and other study tools. July 9, 1990) Brief Fact Summary. 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. 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. the technology 335 iii. The legislative intent was, according to the Court, to limit the patient’s ownership of any material excised in the course of medical treatment. Rptr. The Court finds that the cell line is factually and legally distinct from any part of materials removed from Plaintiff’s body. Thus, the Court declined to extend conversion liability in this type of suit. questions in the case of Moore v. Regents of the University of California.' 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. Mr. Moore filed suit in 1984 seeking a share of the profits from the drug derived from his spleen. This Comment examines and rejects the property law approach to this issue. Supreme Ct of CA holds that there is a requirement for disclosure of physicians' research interest, but there are no property-related claims. In 1986, a Superior Court in Los Angeles refused to accept the case. No. Moore v. Regents of the University of California (51 Cal. Tissue was removed from Moore (Plaintiff) by several doctors who planned to conduct research with the hope of achieving financial gain. His spleen then was retained for research purposes without his knowledge nor consent. videos, thousands of real exam questions, and much more. There is no property right to bodily fluids that have already been removed from the body. 3d 120; 271 Cal. Rptr. All rights reserved. There are many cases in which the law forbids the exercise of certain rights over certain forms of property. However, this is not property law, and a conversion claim must be based on property law. Moore v Regents of the University of California Moore (Plaintiff) sought treatment for hairy-cell leukemia at Regents (Defendants). 1992 Winter;86(2):453-96. 3d 120, 271 Cal. You also agree to abide by our. Written and curated by real attorneys at Quimbee. 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. It is not like a name or a face, since they are not unique to Moore. (Superior Court of Los Angeles County, No. California. 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. Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. 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. The doctor later used the spleen to develop a patented and profitable cell-line. 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 … Jul 9, 1990.] The trial court granted summary judgment in … 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 … 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- 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. Plaintiff Deborah Moore appealed a judgment entered in favor of defendant The Regents of the University of California. Your Study Buddy will automatically renew until cancelled. Moore v. Regents of the University of California: expanded disclosure, limited property rights. This case is an example of the cases which arise when new technologies force courts to re-examine historical principles. You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time. Plaintiff Moore was a cancer patient at U.C.L.A. Patentability has significantly reduced the free access of researchers to new cell lines and their products. CALIFORNIA REPORTER 249: 494-540. D put the work in (labor theory), so he got the patent. They can be used for research, but if they are not used for research they must be discarded. 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. 1 Moore v. Regents, U. California, 793 P.2d 479 (Cal. 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. Moore v. Regents of the University of California (51 Cal. P was a patient at UCLA Medical Center. Moore v. Regents of the University of California. Supreme Court of California. Court of Appeal. Moore's complaint states a cause of action for breach of fiduciary duty or lack of informed consent, but not conversion. KIE: In 1976, John Moore had his spleen removed in the course of treatment for hairy cell leukemia at the UCLA Medical Center. in Chemistry from Indiana University of Pennsylvania and has biotechnology research experience. 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. 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. 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. 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 He should have given Moore the choice, but as a property issue the Doc is in the clear. As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. 1990), Supreme Court of California, case facts, key issues, and holdings and reasonings online today. Held. KIE: In 1976, John Moore had his spleen removed in the course of treatment for hairy cell leukemia at the UCLA Medical Center. Majority says P did not retain ownership interest in his cells after removal. First, no reported judicial decision supports Moore's claim, either directly or by close analogy. 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. Moore relies on privacy rights and unwanted publicity. Division 4. The defendants made a significant amount of money from the cell line. This makes it difficult to call P's rights property rights. Discussion. 1990). 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. Property candidate at FPLC. Moore v. Regents of the University of California (51 Cal. edented decision declaring human tissue2 to be property of the person from whom it is removed. 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. 1995. Moore v. Regents of the University of California Wests Calif Report. Plaintiff Deborah Moore appeals from a judgment entered in favor of defendant The Regents of the University of California (Defendant). It is the inventive effort that patent law rewards with a patent, not just the discovery of a naturally occurring raw material. MOORE V. REGENTS OF UNIVERSITY OF CALIFORNIA. Moore v. Regents of the University of California. This Comment examines and rejects the property law approach to this issue. Therefore, application of the law of conversion in this case will not hinder research by restricted access. Subsequently, a cell line was developed from Moore's tissues that offered enormous therapeutic value. Rptr. Moore filed a thirteen-count lawsuit. 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). LEXIS 2858, 15 U.S.P.Q.2D (BNA) 1753, 793 P.2d 479, 16 A.L.R.5th 903 (Cal. (Superior Court of Los Angeles County, No. Abstract. 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 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. Rptr, at 495. CitationMoore v. Regents of University of California, 51 Cal. Next, court addresses whether conversion liability should be extended and answers in the negative. Second Appellate District. The patented cell line is factually and legally distinct from the cells taken from Moore's body. Issue. 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 … If you do not cancel your Study Buddy subscription within the 14 day trial, your card will be charged for your subscription. questions in the case of Moore v. Regents of the University of California.' Court discusses disclosure issue- says doctor was required to disclose research interests. Moore v. Regents of the University of California. “Owning Our Bodies: An Examination of Property Law and Biotechnology”. Doctors applied for patents on the cell line and entered into contracts for its commercial exploitation. Fluids that have been removed from Moore 's complaint states a cause of action for breach of duty! Tissue to be his own property and sued to recover deserved profits that offered enormous therapeutic value cell., no reported judicial decision supports Moore 's claim, either directly or by close analogy safe. By close analogy requirement for disclosure of physicians ' research interest, but if they are not used for,. 903 ( Cal retained for research purposes without his knowledge nor consent violation... Fluids and tissues that offered enormous therapeutic value to bodily fluids that been. 'S body 's subject arose to settle disputes between losers and finders can not Moore. 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