Ownership of Kidney. The Second Circuit had referred certain questions relating to the ownership of a kidney to the New York Court of Appeals. The plaintiff had sued the New York Donor Network, Inc., claiming that it had violated his rights in a kidney by delivering the kidney to someone else. The Court held that the plaintiff did not have a private right of action against the Donor Network because the kidneys at issue were medically incompatible with him.
The Court of Appeals' decision in Colavito v. New Your Organ Donor Network, Inc. can be found here. My prior post on this case can be found here. The case will now return to the Second Circuit for resolution.