Moore v. Regents of the University of California [1990]

51 Cal. 3d 120 (1990) · Supreme Court of California · California, United States

Summary

Important bioethics, property, and informed consent case.

Facts

Researchers developed a cell line from a patient's biological materials without fully disclosing commercial interests.

Issue

Did the patient retain property rights in excised cells?

Held

No conversion claim, but fiduciary duty and informed consent claims could proceed.

Ratio Decidendi

Patients may have disclosure-based claims even when conversion does not apply to excised cells.

Reasoning

The court was reluctant to extend property rights in human tissues after removal.

Significance

Important bioethics, property, and informed consent case.

Related Cases

No related cases listed.

Exam Tips

Review the ratio and reasoning before applying this case in problem questions.

Sources