Quimbee logo
DMCA.com Protection Status
From our private database of 17,600+ case briefs...

Tenet Healthsystem Surgical v. Jefferson Parish Hospital Service District

United States Court of Appeals for the Fifth Circuit
426 F.3d 738 (2005)


Marrero Shopping Center leased building space to Tenet Healthsystem Surgical (plaintiff). Pursuant to the terms of the lease agreement, Tenet was authorized to use the space for outpatient surgical procedures and general medical offices, including related uses. Tenet was further permitted to assign the lease with the lessor’s consent, which could not be unreasonably withheld. Thereafter, West Jefferson Medical Center (defendant) purchased the space subject to Tenet’s lease. Tenet ceased operation of its surgical center, and wished to assign the lease to Pelican Medical for use as an occupational medical clinic, treating workmen’s compensation cases, as well as the general public. West Jefferson refused to approve the assignment to Pelican. Tenet sued for breach of the lease, contending that West Jefferson’s refusal was unreasonable. West Jefferson argued that its withholding of consent was reasonable because Pelican’s planned use of the space was not permitted under the lease terms and would have brought about competition for a nearby hospital owned by West Jefferson. The district court concluded that West Jefferson’s refusal was not unreasonable. Tenet appealed.

Rule of Law


Holding and Reasoning (Davis, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial