P was a patient at UCLA Medical Center. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. Concurrence. 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. Written and curated by real attorneys at Quimbee. This case is an example of the cases which arise when new technologies force courts to re-examine historical principles. disputes over the ownership of cell lines 338 a. cases prior to moore 338 b. facts and procedural history of moore 339 iv. Moore filed a thirteen-count lawsuit. Bibliographic Citation. in Chemistry from Indiana University of Pennsylvania and has biotechnology research experience. Held. They can be used for research, but if they are not used for research they must be discarded. John Moore sought treatment from UCLA Medical Center (defendant) for hairy-cell leukemia. Moore v. Regents of the University of California Wests Calif Report. 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. Subsequently, a cell line was developed from Moore's tissues that offered enormous therapeutic value. (Superior Court of Los Angeles County, No. Subsequently, a cell line was developed from Moore's tissues that offered enormous therapeutic value. address. P was a patient at UCLA Medical Center. 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 v. Regents of the University of California: expanded disclosure, limited property rights. Design by Free CSS Templates. C513755, Warren H. Deering and John L. Cole, Judges.) The trial court dismissed Moore's case because it failed to set forth a proper claim at law. Property candidate at FPLC. Majority says P did not retain ownership interest in his cells after removal. Get Moore v. Regents of the University of California, 793 P.2d 479 (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. She is a J. D. candidate at FPLC concentrating in intellectual property law. Moore v. Regents of the University of California. 1990), Supreme Court of California, case facts, key issues, and holdings and reasonings online today. 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. The Court finds that the cell line is factually and legally distinct from any part of materials removed from Plaintiff’s body. It is not like a name or a face, since they are not unique to Moore. This is the talk page for discussing improvements to the Moore v. Regents of the University of California article. 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. 1992 Winter;86(2):453-96. A tort of conversion occurs when personal property of one person is interfered with by another with regard to possessory or ownership interests. “Owning Our Bodies: An Examination of Property Law and Biotechnology”. Court of Appeal, Second District, Division 4. 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 … However, this is not property law, and a conversion claim must be based on property law. Issue. July 9, 1990) Brief Fact Summary. Rptr. His attending physician, Dr. David Golde, recommended removal of Moore’s spleen for therapeutic purposes. The trial court granted summary judgment in … This Comment examines and rejects the property law approach to this issue. Dissent. 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). 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. Jul 9, 1990.] Plaintiff Moore was a cancer patient at U.C.L.A. JOHN MOORE, Plaintiff and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Defendants and Repondents. Rptr. Second, California statutory law drastically limits any continuing interest of a patient in excised cells. San Diego Law Review. He should have given Moore the choice, but as a property issue the Doc is in the clear. Moore sued the university for violation of the Fair Employment and Housing Act and the California Family Rights Act. Even if it did include commercial use, it does not follow that P does not have a property right for purposes of conversion. It is the inventive effort that patent law rewards with a patent, not just the discovery of a naturally occurring raw material. Second Appellate District. In 1986, a Superior Court in Los Angeles refused to accept the case. Mr. Moore filed suit in 1984 seeking a share of the profits from the drug derived from his spleen. Court of Appeal, Second District, Division 4. Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. The doctor later used the spleen to develop a patented and profitable cell-line. Third, the subject matters of the Regents' patent--the patented cell line and the products derived from it-- cannot be Moore's property. questions in the case of Moore v. Regents of the University of California.' Your Study Buddy will automatically renew until cancelled. 3 See Moore v. Regents of the University of California (1988) 249 Cal. The patented cell line is factually and legally distinct from the cells taken from Moore's body. 3d 120; 271 Cal. Rptr. All rights reserved. Moore's complaint states a cause of action for breach of fiduciary duty or lack of informed consent, but not conversion. 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- Supreme Ct of CA holds that there is a requirement for disclosure of physicians' research interest, but there are no property-related claims. Division 4. Synopsis of Rule of Law. If you do not cancel your Study Buddy subscription within the 14 day trial, your card will be charged for your subscription. 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. Court discusses disclosure issue- says doctor was required to disclose research interests. 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. The Court noted a California statute which ordered that any materials removed from patients be disposed of in a safe matter. Golde and UCLA researcher Shirley Quan planned to use Moore’s spleen tissue—which was “o… CitationMoore v. Regents of University of California, 51 Cal. the technology 335 iii. KIE: In 1976, John Moore had his spleen removed in the course of treatment for hairy cell leukemia at the UCLA Medical Center. Legislature should make this decision. Moore v. Regents of the University of California. 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. 3d 120; 271 Cal. Plaintiff Deborah Moore appeals from a judgment entered in favor of defendant The Regents of the University of California (Defendant). 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™. 1 Moore v. Regents, U. California, 793 P.2d 479 (Cal. . Moore v. Regents of the University of California (51 Cal. Your Study Buddy will automatically renew until cancelled. 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. D (Doctors) used P's cells to create a cell line and made lots of money off of it. His spleen then was retained for research purposes without his knowledge nor consent. Second, California statutory law drastically limits any continuing interest of a patient in excised cells. Thus, the Court declined to extend conversion liability in this type of suit. Moore v. Regents of the University of California (51 Cal. 1988 Jul 21;249:494-540. He had hairy-cell leukemia and had to get his spleen removed. The Court notes that historically the tort of conversion arose to settle disputes between losers and finders. 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. In early September 2010, Moore was … 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. 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. Moore relies on privacy rights and unwanted publicity. Can there be a property right claim to bodily fluids and tissues that have been removed from the body? You have successfully signed up to receive the Casebriefs newsletter. Ms. Schmidt holds a B.A. This makes it difficult to call P's rights property rights. California. Court of Appeal. Doctors applied for patents on the cell line and entered into contracts for its commercial exploitation. 1990). 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. Moore v. Regents of the University of California was a landmark Supreme Court of California decision. Start studying Property Pt.1 - Moore v Regents of the University of California. . Plaintiff Deborah Moore appeals from a judgment entered in favor of defendant The Regents of the University of California (Defendant). Rptr, at 495. 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. July 9, 1990) Brief Fact Summary. You also agree to abide by our. 146, 1990 Cal. 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. Brief Fact Summary. Abstract. 146, 793 P.2d 479, 15 U.S.P.Q.2d 1753 (1990) Brief Fact Summary. . 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. 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 … FN20. 3d 120, 271 Cal. MOORE V. REGENTS OF UNIVERSITY OF CALIFORNIA. 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 … Lymphokines have the same molecular structure and function in every human being. Supreme Court of California. 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 (51 Cal. There are many cases in which the law forbids the exercise of certain rights over certain forms of property. 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. D put the work in (labor theory), so he got the patent. 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