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PostPosted: Tue Dec 05, 2017 9:30 am 
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(yeah, I'm patting myself on the back with that clever thread title)

Get it?

Seriously.. seems like an out of whack decision to me-

http://fortune.com/2017/12/04/simon-mal ... n-lawsuit/

Starbucks will now lurch sharply to the right, eschewing Yani CDs for fishing lures and ammo.


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PostPosted: Tue Dec 05, 2017 9:34 am 
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Shut down the store operation, still pay the lease. Nothing the courts can do.


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PostPosted: Tue Dec 05, 2017 9:47 am 
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133743Hokie wrote:
Shut down the store operation, still pay the lease. Nothing the courts can do.


depends on the language in the lease, it is not a free standing store so the mall operator may have put some language in there about operating unless bankrupt or something crazy


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PostPosted: Tue Dec 05, 2017 9:53 am 
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cwtcr hokie wrote:
133743Hokie wrote:
Shut down the store operation, still pay the lease. Nothing the courts can do.


depends on the language in the lease, it is not a free standing store so the mall operator may have put some language in there about operating unless bankrupt or something crazy


Even if there is, courts typically have a hard time making a party do something (besides paying money damages) and are usually reluctant to enforce them.

I’m surprised that Starbucks would sign a lease that affirmatively required them to take any action except pay their rent.


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PostPosted: Tue Dec 05, 2017 10:00 am 
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ip_law-hokie wrote:
cwtcr hokie wrote:
133743Hokie wrote:
Shut down the store operation, still pay the lease. Nothing the courts can do.


depends on the language in the lease, it is not a free standing store so the mall operator may have put some language in there about operating unless bankrupt or something crazy


Even if there is, courts typically have a hard time making a party do something (besides paying money damages) and are usually reluctant to enforce them.

I’m surprised that Starbucks would sign a lease that affirmatively required them to take any action except pay their rent.


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I agree, it is a strange case


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PostPosted: Tue Dec 05, 2017 11:22 am 
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cwtcr hokie wrote:
133743Hokie wrote:
Shut down the store operation, still pay the lease. Nothing the courts can do.


depends on the language in the lease, it is not a free standing store so the mall operator may have put some language in there about operating unless bankrupt or something crazy


Usually that kind of language would be for an anchor store, not a tea shop. The idea that Teavana is driving foot traffic is ridiculous. Having them close down isn't going to harm the malls from a foot traffic perspective.
You could argue that a Starbuck's coffee shop would be important, but not Teavana.


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