Introducing 

Prezi AI.

Your new presentation assistant.

Refine, enhance, and tailor your content, source relevant images, and edit visuals quicker than ever before.

Loading content…
Transcript

Moore v. Regents of the University of California

Jona Villanueva

Summary

Defining the Elusive Parameters

of Property

Justice Panelli provided a clearer concept of the parameters of property in the context of human cells and claiming property rights to biological materials.

Both the majority and minority judgement included discussions of a balancing act between the disclosure obligations of the physician and the right of privacy and autonomy without unnecessarily hindering research.

Majority Judgement in comparison to the Minority Judgement

JUSTICE PANELLI - MAJORITY

  • Clearly distinguished that Moore did not have the ownership of his cells after they were removed from his body
  • The cell-line could not be claimed as Moore’s property

JUSTICE MOSK - MINORITY

  • Criticised the development of medical research at the expense of prioritising the protection of individual rights
  • Disputed the Justice Panelli’s judgement in relying that the patent settled the question regarding the cell-line and whether Moore could claim it as his property

Issues

1. Criticism of the Majority Judgement

  • The court should not refrain from applying the tort of conversion to Moore's situation because another court has not yet held or because Legislation has not yet addressed the question

2. Tort of Conversion should be Extended

  • Courts need to balance between protecting rights of patients and the threat of 'civil liability' and the hindering of medical research

Other Comments

3. Discussion of Property

  • Justice Panelli suggests that there must be a balancing act between the disclosure obligations of the physician and the right of privacy and autonomy without impacting medical research
  • The Majority Judgement found that Moore did not have ownership interest in his cells following their removal from his body
  • Narrow definition of the parameters 'property'
  • Bundle of rights include the right to possess, use, exclude others and dispose of things by way of sale or gift
  • Moore has rights in the cells regardless of whether s 7054.4 applies

Issues

1. Tort of Conversion

  • Protects the interference with possessory and ownership interests in personal property
  • Justice Panelli held that Moore could not rely on the tort of conversion in his claim

2. Moore's Claim in Existing Law

Facts of the Case

  • Section 7054. 4 of the Health and Safety Code Legislation
  • "One cannot assume that what is left amounts to 'property' or ownership for the purposes of conversion law
  • Patent Cell-line is not the property of Moore:
  • The cell-line is a product of invention
  • The cell-line is factually and legally distinct from cells taken from Moore's body

Minority Judgement

3. Whether Tort of Conversion should be Extended

  • Landmark case heard in the Supreme Court of California (highest court in State of California)
  • Appealed from the Court of Appeal which held that Moore had property rights to maintain the cause of action for conversion
  • The first common law authority to address whether a living person can claim property rights to separated biological materials

TIMELINE

  • 1976 - Moore signed a written consent authorising the removal of his spleen
  • Moore provided samples of blood, blood serum, skin and bone marrow
  • 1983 - Moore was asked to sign a consent form in continuing research, refused to do so
  • 1984 - Regents were granted a patent which included methods for using the cell-line to product lymphokines
  • Cell-line had a commercial value of US$3 billion over a six-year period
  • Policy considerations:
  • Fiduciary Duty - disclose facts material to patient's consent
  • Informed Consent - medical procedures occured without consent

Justice Mosk

Majority Judgement

Justice Panelli

Majority Judgement is more compelling in comparison to the Minority Judgement in defining the parameters of 'property'

Learn more about creating dynamic, engaging presentations with Prezi