Anne Weiss v. President and Fellows of Harvard College (and Eleven Consolidated Cases)

Summary

The court held that the Uniform Anatomical Gift Act's good-faith protection applies throughout the anatomical donation process, including storage and final disposition of remains. The plaintiffs plausibly alleged pervasive statutory noncompliance sufficient to overcome that protection as to Harvard and Cicchetti, but not as to Fay, whose pleaded role and responsibilities did not support a comparable inference. The court also upheld dismissal of respondeat superior claims against Harvard and Cicchetti because Lodge's misconduct was outside the scope of his employment.