. . Thus, Moore's allegations that he owns the cell line and the products derived from it are inconsistent with the patent, which constitutes an authoritative determination that the cell line is the product of invention. Golde established a patented cell line, which he licensed for commercial development. John Moore (plaintiff) underwent treatment for leukemia at the University of California, Los Angeles (UCLA) Medical Center. . If defendants had informed plaintiff, prior to removal, of the possible uses to which his body part could be put and plaintiff had authorized one particular use, it is clear under the foregoing authorities that defendants would be liable for conversion if they disregarded plaintiff's decision and used the body part in an unauthorized manner for their own economic benefit. Moore v. The Regents of University of California Supreme Ct of CA- 1990 Facts. Supreme Court of California. . The patent issued on March 20, 1984, naming Golde and Quan as the inventors of the cell line and the Regents as the assignee of the patent. The majority then offer a dual explanation: "This is because the patented cell line is both factually and legally distinct from the cells taken from Moore's body." Cancel anytime. Moore v. Regents of the University of Califo…, Moore v. Regents of the University of California. Moore v. Regents of the University of California. . Such an arrangement would not only avoid the moral and philosophical objections to a free market operation in body tissue, but would also address stated concerns by eliminating the inherently coercive effect of a waiver system and by compensating donors regardless of temporal circumstances. . Quan spent as much as 70 [percent] of her time working for [the] Regents on research" related to the cell line. Thousands of human cell lines already exist in tissue repositories, such as the American Type Culture Collection and those operated by the National Institutes of Health and the American Cancer Society. Yet their specter haunts the laboratories and boardrooms of today's biotechnological research-industrial complex. Introduction. Our society values fundamental fairness in dealings between its members, and condemns the unjust enrichment of any member at the expense of another. The next consideration that makes Moore's claim of ownership problematic is California statutory law, which drastically limits a patient's control over excised cells. The defendants made a significant amount of money from the cell line. Moore v. Regents of University of California: Attorney: [7] Gage, Mazursky, Schwartz, Angelo & Kussman, Sanford M. Gage, Christopher E. Angelo and Jonathan T. Zackey for Plaintiff and Appellant. We hold that the complaint states a cause of action for breach of the physician's disclosure obligations, but not for conversion. ." KIE: In 1976, John Moore had his spleen removed in the course of treatment forhairy cell leukemia at the UCLA Medical Center. The trial court granted summary judgment in favor of the university… Being broad, the concept of property is also abstract: rather than referring directly to a material object such as a parcel of land or the tractor that cultivates it, the concept of property is often said to refer to a "bundle of rights" that may be exercised with respect to that object -- principally the rights to possess the property, to use the property, to exclude others from the property, and to dispose of the property by sale or by gift. However, as the defendants' patent makes clear -- and the complaint, too, if read with an understanding of the scientific terms which it has borrowed from the patent -- the goal and result of defendants' efforts has been to manufacture lymphokines. These profits are currently shared exclusively between the biotechnology industry and the universities that support that industry. Jul 9, 1990.] [8] Lori Andrews and Marjorie M. Schultz as Amici Curiae on behalf of Plaintiff and Appellant. Thus the complaint alleges that Moore's "Blood and Bodily Substances were absolutely essential to defendants' research and commercial activities with regard to his cells, cell lines, [and] the Mo cell-line, . . Clearly the Legislature did not specifically intend this statute to resolve the question of whether a patient is entitled to compensation for the nonconsensual use of excised cells. briefs keyed to 223 law school casebooks. For example, both law and contract may limit the right of an owner of real property to use his parcel as he sees fit. Plaintiff has asked us to recognize and enforce a right to sell one's own body tissue for profit. A. Acme Laundry Co. v. Secretary of Environmental Affairs. Moore v Regents of the University of California Moore (Plaintiff) sought treatment for hairy-cell leukemia at Regents (Defendants). D067120 Each court stated, following Prosser, that it was "pointless" to debate the proper characterization of the proprietary interest in a likeness. . 2016. To hold otherwise would open the door to a massive invasion of human privacy and dignity in the name of medical progress." Ordinarily, when a patient consents to the use of a body part for scientific purposes, the potential value of the excised organ or cell is discovered only through subsequent experimentation or research, often months or years after the removal of the organ. If not, you may need to refresh the page. The procedural disposition (e.g. You can try any plan risk-free for 7 days. John Moore sought treatment from UCLA Medical Center (defendant) for hairy-cell leukemia. On January 30, 1981, the Regents applied for a patent on the cell line, listing Golde and Quan as inventors. Most, but not all, of the human therapeutic products are derived from human tissues and cells, or human cell lines or cloned genes.". These efforts are beginning to bear fruit. "[B]y virtue of an established policy . . Courts cannot and should not seek to fashion a remedy for every "heartache and the thousand natural shocks that flesh is heir to." . The rule of law is the black letter law upon which the court rested its decision. He theorizes that he continued to own his cells following their removal from his body, at least for the purpose of directing their use, and that he never consented to their use in potentially lucrative medical research. Moore v. Regents of the University of California 271 Cal.Rptr. Read more about Quimbee. Although in this case defendants did not disregard a specific directive from plaintiff with regard to the future use of his body part, the complaint alleges that, before the body part was removed, defendants intentionally withheld material information that they were under an obligation to disclose to plaintiff and that was necessary for his exercise of control over the body part; the complaint also alleges that defendants withheld such information in order to appropriate the control over the future use of such body part for their own economic benefit. The concepts of property and ownership in our law are extremely broad. Pursuant to Health and Safety Code section 7054.4, "[n]otwithstanding any other provision of law, recognizable anatomical parts, human tissues, anatomical human remains, or infectious waste following conclusion of scientific use shall be disposed of by interment, incineration, or any other method determined by the state department [of health services] to protect the public health and safety." Golde then used Moore’s cells for research without Moore’s permission. . The defendants moved for summary judgment, which was granted on the conversion count. I do not question that the cell line is primarily the product of defendants' inventive effort. Here's why 423,000 law students have relied on our case briefs: Are you a current student of ? . It is certainly arguable that, as a matter of policy or morality, it would be wiser to prohibit any private individual or entity from profiting from the fortuitous value that adheres in a part of a human body, and instead to require all valuable excised body parts to be deposited in a public repository which would make such materials freely available to all scientists for the betterment of society as a whole. There is, however, a third party to the biotechnology enterprise -- the patient who is the source of the blood or tissue from which all these profits are derived. That right, as already discussed, is grounded in well-recognized and long-standing principles of fiduciary duty and informed consent. Moore v. Regents of the University of California. To date, however, the Legislature has not adopted such a system for organs that are to be used for research or commercial purposes, and the majority opinion, despite some oblique suggestions to the contrary, emphatically does not do so by its holding in this case. The defendants appealed. "To establish a conversion, plaintiff must establish an actual interference with his ownership or right of possession. The first is protection of a competent patient's right to make autonomous medical decisions. Sign In to view the Rule of Law and Holding. DISSENT: BROUSSARD, J., Concurring and Dissenting. This is such an occasion. Human cell lines are patentable because "[l]ong-term adaptation and growth of human tissues and cells in culture is difficult -- often considered an art . . . . MOORE V. REGENTS OF. Citation 22 Ill.51 Cal.3d 120, 271 Cal.Rptr. 146, 793 P.2d 479, 15 U.S.P.Q.2d 1753 (1990) Brief Fact Summary. 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. On each of these visits Golde withdrew additional samples of "blood, blood serum, skin, bone marrow aspirate, and sperm." JOHN MOORE, Plaintiff and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Defendants and Repondents. If, as the majority suggests, the great bulk of the value of a cell line patent and derivative products is attributable to the efforts of medical researchers and drug companies, rather than to the "raw materials" taken from a patient, the patient's damages will be correspondingly limited, and innocent medical researchers and drug manufacturers will retain the considerable economic benefits resulting from their own work. We are repeatedly told that the commercial products of the biotechnological revolution "hold the promise of tremendous profit." The majority view is not unmindful of the seeming injustice in a result that denies plaintiff a claim for conversion of his body tissue, yet permits defendants to retain the fruits thereof. . Furthermore, even in the rare instance -- like the present case -- in which a conversion action might be successfully pursued, the potential liability is not likely "to destroy the economic incentive to conduct important medical research," as the majority asserts. With the Regents' assistance, Golde negotiated agreements for commercial development of the cell line and products to be derived from it. . In addition, "there are nearly 350 commercial biotechnology firms in the United States actively engaged in biotechnology research and commercial product development and approximately 25 to 30 percent appear to be engaged in research to develop a human therapeutic or diagnostic reagent. In Moore v. Regents of the University of California (hereinafter referred as the Moore case), John Moore, a resident of Seattle, USA, was treated for hairy-cell leukaemia by David W Golde at the University of California-Los Angeles (UCLA) Medical Center. Another privacy case offered by analogy to support Moore's claim establishes only that patients have a right to refuse medical treatment. Author California. When it turns to the conversion cause of action, however, the majority opinion fails to maintain its focus on the specific allegations before us. Plaintiff was a patient of a doctor working for the defendants. . Accordingly, I dissent from the majority opinion insofar as it rejects plaintiff's conversion cause of action. In this context the court in Bouvia wrote that "'[e]very human being of adult years and sound mind has a right to determine what shall be done with his own body . Moore first visited UCLA Medical Center on October 5, 1976, shortly after he learned that he had hairy-cell leukemia. Use of this website constitutes acceptance of the Terms and Conditions and 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 … 1988 Jul 21;249:494-540. . I write separately to give voice to a concern that I believe informs much of that opinion but finds little or no expression therein. The operation could not be completed. 3 Moore v. Regents, U. California, 249 Cal. The superior court sustained all defendants' demurrers to the third amended complaint, and the Court of Appeal reversed. Based upon Golde's representations, Moore signed a written consent form authorizing the splenectomy. Yet one may earnestly wish to protect privacy and dignity without accepting the extremely problematic conclusion that interference with those interests amounts to a conversion of personal property. If, as alleged in this case, plaintiff's doctor improperly interfered with plaintiff's right to control the use of a body part by wrongfully withholding material information from him before its removal, under traditional common law principles plaintiff may maintain a conversion action to recover the economic value of the right to control the use of his body part. . Would it advance or impede the human condition, spiritually or scientifically, by delivering the majestic force of the law behind plaintiff's claim? 575 N.E.2d 1086 (Mass. Dist.). First, our society acknowledges a profound ethical imperative to respect the human body as the physical and temporal expression of the unique human persona. I would affirm the decision of the Court of Appeal to direct the trial court to overrule the demurrers to the cause of action for conversion. practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case A Constitutional Chaos and A Call for Help: The Chiaroscuro Backdrop of Johnson v. Board of Regents of the University of … Moore also attempts to characterize the invasion of his rights as a conversion -- a tort that protects against interference with possessory and ownership interests in personal property. Butt Groc. The concurrence/dissent section is for members only and includes a summary of the judge’s concurrence in part and dissent in part. JOHN MOORE, Plaintiff and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Defendants and Repondents. © 2020 Courtroom Connect, Inc. . Only property can be converted. Justice Arabian's concurring opinion suggests that the majority's conclusion is informed by the precept that it is immoral to sell human body parts for profit. Under an agreement with Genetics Institute, Golde "became a paid consultant" and "acquired the rights to 75,000 shares of common stock." of Equal.) The Legislature, if it wished, could create such a system, as it has done with respect to organs that are donated for transplantation. . . Dr. David Golde, a physician-researcher, There, Dr. David Golde (defendant) recommended removal of Moore’s spleen. Defendants admit this allegation by their demurrers, as well they should: for all their expertise, defendants do not claim they could have extracted the Mo cell line out of thin air. On October 8, 1976, Golde recommended that Moore's spleen be removed. It provides Educational Services Colleges, Universities, and Professional Schools and has a good reputation for performing valuable services to all its customers. Despite this knowledge, the doctor allegedly failed to disclose these facts or his interest in the cells to plaintiff, either before plaintiff's initial surgery or throughout the ensuing seven-year period during which the doctor continued to obtain additional cells from plaintiff's body in the course of periodic medical examinations. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. . . Moore v. Regents of the University of California Supreme Court of California, 1990 793 P.2d 479 Moore v. Regents of the University of California was a landmark Supreme Court of California decision. Sometimes, the discretion of forbearance is the better part of responsive valor. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. any relation to [Moore's] medical . Co. v. Resendez Case Brief - Rule of Law: A plaintiff in a slip and fall case must prove that the condition of the premises posed an This website requires JavaScript. Golde informed Moore "that he had reason to fear for his life, and that the proposed splenectomy operation . .] By restricting how excised cells may be used and requiring their eventual destruction, the statute eliminates so many of the rights ordinarily attached to property that one cannot simply assume that what is left amounts to "property" or "ownership" for purposes of conversion law. This cause of action can properly be characterized either as the breach of a fiduciary duty to disclose facts material to the patient's consent or, alternatively, as the performance of medical procedures without first having obtained the patient's informed consent. Limitations on the disposition of real property, while less common, may also be imposed. Moe, E. Dean, and M. Nazaire. Moore returned to the UCLA Medical Center several times between November 1976 and September 1983. Lacking direct authority for importing the law of conversion into this context, Moore relies, as did the Court of Appeal, primarily on decisions addressing privacy rights. The issue section includes the dispositive legal issue in the case phrased as a question. Moore, adopting the analogy originally advanced by the Court of Appeal, argues that "[i]f the courts have found a sufficient proprietary interest in one's persona, how could one not have a right in one's own genetic material, something far more profoundly the essence of one's human uniqueness than a name or a face?" He urges us to commingle the sacred with the profane. 494, 501 (Cal. Moore v. Regents of the University of California. The Louisiana Quantum Initiative is the statewide endeavor to advance the research and technology of quantum systems, particularly toward evolving the second quantum revolution, developing the strategy and technological infrastructure of quantum-driven networks and devices. Since Moore clearly did not expect to retain possession of his cells following their removal, to sue for their conversion he must have retained an ownership interest in them. For these reasons, we hold that the allegations of Moore's third amended complaint state a cause of action for breach of fiduciary duty or lack of informed consent, but not conversion. Nor did the issuance of the patent in 1984 necessarily have the drastic effect that the majority contend. .". 2 Dist. Many receive grants from the National Institute of Health for this work. A Conservative Court Says "Goodbye to All That"' and Forges a New Order in the Law of Seizure - California v. Hodari D., Randolph Alexander Piedrahita. Here, however, plaintiff has alleged that defendants interfered with his legal rights before his body part was removed. 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. ( Bouvia v. Superior Court . . These allegations, in our view, state a cause of action against Golde for invading a legally protected interest of his patient. 146; 793 P.2d 479. Another is our prohibition against indirect abuse of the body by its economic exploitation for the sole benefit of another person. ., [the] Regents, Golde, and Quan would share in any royalties or profits . The second important policy consideration is that we not threaten with disabling civil liability innocent parties who are engaged in socially useful activities, such as researchers who have no reason to believe that their use of a particular cell sample is, or may be, against a donor's wishes. . The profits are shared in a wide variety of ways, including "direct entrepreneurial ties to genetic-engineering firms" and "an equity interest in fledgling biotechnology firms". Federal law permits the patenting of organisms that represent the product of "human ingenuity," but not naturally occurring organisms. PDF. In each of the foregoing instances, the limitation or prohibition diminishes the bundle of rights that would otherwise attach to the property, yet what remains is still deemed in law to be a protectible property interest. Nor is it necessary to force the round pegs of "privacy" and "dignity" into the square hole of "property" in order to protect the patient, since the fiduciary-duty and informed-consent theories protect these interests directly by requiring full disclosure. Moore v. Regents of the University of California. Where then shall a complete resolution be found? A primary object of the statute is to ensure the safe handling of potentially hazardous biological waste materials. . ( Yuba River Power Co. v. Nevada Irr. (Superior Court of Los Angeles County, No. . Since the patent office requires the holders of patents on cell lines to make samples available to anyone, many patent holders place their cell lines in repositories to avoid the administrative burden of responding to requests. A "yes" or "no" answer to the question framed in the issue section; A summary of the majority or plurality opinion, using the CREAC method; and. On each occasion Moore travelled to the UCLA Medical Center from his home in Seattle because he had been told that the procedures were to be performed only there and only under Golde's direction. Indeed, a legislative response creating a licensing scheme, which establishes a fixed rate of profit sharing between researcher and subject, has already been suggested. This is both inequitable and immoral. . At present, human cell lines are routinely copied and distributed to other researchers for experimental purposes, usually free of charge. Court of Appeal, Second District, Division 4. Accordingly, his attempt to apply the theory of conversion within this context must frankly be recognized as a request to extend that theory. Moore was advised to undergo surgery to remove his spleen. The application of these principles to the present case is evident. I speak of the moral issue. At this time all defendants, including Golde, were aware that "certain blood products and blood components were of great value in a number of commercial and scientific efforts" and that access to a patient whose blood contained these substances would provide "competitive, commercial, and scientific advantages.". No contracts or commitments. [No. THE UNIVERSITY OF CALIFORNIA: NOW THAT THE CALIFORNIA SUPREME COURT HAS SPOKEN, WHAT HAS IT REALLY SAID?' I share Justice Mosk's sense of outrage, but I cannot follow its path. First, a fair balancing of the relevant policy considerations counsels against extending the tort. John Moore v. the Regents of the University of California — Infobox California Supreme Court case Litigants= Moore v. Regents of the University of California ArgueDate= ArgueYear= DecideDate= July 9 DecideYear= 1990 FullName=John Moore, Plaintiff and Appellant, v. The Regents of the University of… … [I]n my view whatever merit the majority's single policy consideration may have is outweighed by two contrary considerations, i.e., policies that are promoted by recognizing that every individual has a legally protectible property interest in his own body and its products. . Relying on this language to support the proposition that a patient has a continuing right to control the use of excised cells, the Court of Appeal in this case concluded that "[a] patient must have the ultimate power to control what becomes of his or her tissues. . The dignity and sanctity with which we regard the human whole, body as well as mind and soul, are absent when we allow researchers to further their own interests without the patient's participation by using a patient's cells as the basis for a marketable product.". . Second, California statutory law drastically limits any continuing interest of a patient in excised cells. While we do not purport to hold that excised cells can never be property for any purpose whatsoever, the novelty of Moore's claim demands express consideration of the policies to be served by extending liability . exclusive access to the materials and research performed" on the cell line and products derived from it. Moore filed a thirteen-count lawsuit. I do not know the answers to these troubling questions, nor am I willing -- like Justice Mosk -- to treat them simply as issues of "tort" law, susceptible of judicial resolution. . The majority opinion, of course, is not oblivious to the significance of these unusual allegations. These research activities "were not intended to have . Learn vocabulary, terms, and more with flashcards, games, and other study tools. Under these circumstances, the complaint fully satisfies the established requirements of a conversion cause of action. [. Center ("UCLA"). . First, no reported judicial decision supports Moore's claim, either directly or by close analogy. The most abhorrent form of such exploitation, of course, was the institution of slavery. On July 21, 1988, the California Court of Appeal handed down an unprec-edented decision declaring human tissue2 to be property of the person from whom it is removed. Second, a judicial pronouncement, while supple, is not without its limitations. law school study materials, including 801 video lessons and 5,200+ Thus, unlike the majority, I conclude that under established common law principles the facts alleged in the complaint state a cause of action for conversion. Complaint alleging as a question, WHAT has it REALLY SAID? an arbitrary choice between liability nonliability. Cells constitutes a conversion upon which the court o… Cite as 16 C.D.O.S, they course! Court dismissed the rest of the University of California of obligations. between the biotechnology industry and the court Cite... 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