HOSPITAL-PHYSICIAN LAND DISPUTE

Kinsley v. Lakeview Reg'l Med. Ctr., No. 07-2219 (E.D. La. Nov. 29, 2007)

The United States District Court for the Eastern District of Louisiana dismissed a lawsuit brought by a physician against a hospital that refused to sell her a tract of land across the street from the hospital. The physician alleged that the CEO promised to sell her a lot if she would divest her interest in a nearby ambulatory surgery center, but later reneged on that promise. In dismissing the physician's claims, the court noted that the physician was not a competitor of the hospital and, accordingly, had no standing to bring a claim against the hospital under the Louisiana Unfair Trade Practices Act. The court also held that since the plaintiff did not sell her share in the ambulatory surgery center, she could not prove detrimental reliance on a promise of the hospital.