Property Law Keyed to Dukeminier
Moore v. Regents of the University of California
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Moore (P) sought treatment for hairy-cell leukemia at the Medical Center of the University of California. (Center and Regents of the University are collectively referred to as “defendants.”) D told P that his condition was life threatening and his spleen should be removed, but failed to inform P that his cells were unique and that access to them was of great scientific and commercial value. Although P’s spleen was removed and retained for research purposes without his consent, at some point P was informed that his cells were being used for research but was not told of the commercial value of the research. D established a cell line from P’s cells, received a patent for it, and entered into several commercial agreements with a potential market for products estimated to run into the billions of dollars. P sued for damages on several theories including conversion alleging that his blood and bodily substances, and the cell line derived from them were his tangible personal property. The trial court sustained D’s demurrers to the conversion cause of action. The court of appeal reversed. D appeals.
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