ABSTRACT

The chapter evaluates John Moore through the legal definition of the human body, ownership in the body, patenting rights and industry views, as well as to show the logic of how the decision was made by the judges and what they thought of future implications. It discusses the critique of the Court's handling of Moore case and its failure to 'discover' new laws, as it is supposed to do in cases of 'first impression'. The Moore story started in 1976 and arrived in the Courts in 1988. When Moore grew suspicious about Dr David W. Golde's actions, he retained attorney Gage. Moore appealed to the California Court of Appeal, which, still retaining all causes under conversion. The Superior Court of Los Angeles Country decided that all 13 causes were contained in the first cause conversion. The Supreme Court of California remanded the case of breach of fiduciary duty and lack of informed consent to the Superior Court of California.