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Judge bars Starbucks from closing 77 failing Teavana stores
NY Post ^ | 12/01/2017 | Lisa Fickenscher

Posted on 12/03/2017 8:41:50 AM PST by Maceman

An Indiana judge has taken an unusual step and temporarily barred Starbucks from closing 77 failing Teavana stores in Simon Property Group malls because the real estate giant was less able to handle the financial pain.

Starbucks said in July it planned to shutter its 379-store Teavana operation — but Simon rushed to court to block 77 stores in its malls from going dark — claiming such a move by a high-profile tenant could spark other stores in its malls to close.

Starbucks, after trying to turn around its stumbling tea chain, said last August it was pulling the plug on Teavana.

It wanted to close all the stores by the end of the year.

But Indianapolis-based Simon, in an environment where hundreds of stores across the country are closing, rushed to a local court to ask Judge Heather Welch to stop the store closing.

Welch, in a 55-page order, found that the very profitable Starbucks could absorb the financial hit — estimated by Starbucks to be $15 million over five months — better than Simon could. The mall operator did not provide an estimate of how much the closings of the Teavana stores would hurt them.

(Excerpt) Read more at nypost.com ...


TOPICS: Business/Economy; Government; News/Current Events; US: Indiana
KEYWORDS: contractlaw; fakenews; indiana; retail; ruling; simon; socialism; starbucks; tea; teavana
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To: Maceman

How can a County Judge shutter 77 stores of the Simon Group, if some of the 77 are not in her county district?
Are some of the Simon Group 77 stores, in other counties?


41 posted on 12/03/2017 9:03:24 AM PST by GOYAKLA (" Winning not Whining"!)
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To: PrincessB

Starbucks owned the Tazos brand as well. They just sold it to Lipton.


42 posted on 12/03/2017 9:04:51 AM PST by ameribbean expat
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To: GreaterSwiss

That actually makes the most sense... otherwise I don’t know what possible legal reason a judge would have to force a store to stay open.


43 posted on 12/03/2017 9:05:36 AM PST by Roobarb321
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To: Maceman

At least half guilty of something.

44 posted on 12/03/2017 9:07:06 AM PST by Fightin Whitey
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Unbelievable. This is what you do when you have power, but no skin in the game.


45 posted on 12/03/2017 9:08:09 AM PST by proust (Since a politician never believes what he says, he is quite surprised to be taken at his word.)
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To: Steve_Seattle
What legal principle could justify this ruling?

It's the ancient, (dis)honorable principle of "I'm a JUDGE, dammit! I can do anything I bloody well please! Grovel before me, peasant!"

The decline of the American Republic began when we abandoned the practice of tar and feathers.

46 posted on 12/03/2017 9:08:17 AM PST by NorthMountain (... the right of the people to keep and bear arms shall not be infringed)
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To: Maceman

http://beta.latimes.com/food/sns-dailymeal-1859967-starbucks-teavana-closing-lawsuit-simon-property-group-12317-20171202-story.html

More here. Starbucks cannot close their stores before their lease runs out.

Might want to look at that contract they signed...


47 posted on 12/03/2017 9:09:09 AM PST by Snickering Hound
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To: headstamp 2

I looked Judge Welch up. She’s an elected county judge. Starbucks, I’m sure, has the money and lawyers to appeal this decision.

Getting rid of Federal lifetime appointments requires an amendment to the Constitution. Doubt that’s going to happen.


48 posted on 12/03/2017 9:09:10 AM PST by hanamizu
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To: Maceman

My guess is that this is a contractual dispute and is fake news.


49 posted on 12/03/2017 9:09:47 AM PST by Moonman62 (Make America Great Again!)
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To: Maceman

I’m not so sure this is judicial overreach so much as lease breaking.

I wonder if it’d be enough to satisfy the ruling if Starbucks closed the stores but paid out the remainder of the lease.


50 posted on 12/03/2017 9:11:10 AM PST by Skywise
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To: Maceman

Just turn off the lights, lock the doors and just leave it like that. Store is not closed, it just doesn’t open for business.


51 posted on 12/03/2017 9:11:57 AM PST by SkyDancer ( ~ Just Consider Me A Random Fact Generator ~)
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To: Maceman

Well, this is a first (and likely the last) but I have to side with Starbucks on this. How can a judge stop a business from closing?


52 posted on 12/03/2017 9:12:25 AM PST by bgill (CDC site, "We don't know how people are infected with Ebola.")
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To: Maceman

This is just redistribution/socialism.

Starbucks likes redistribution/socialism, so this should be OK with them.


53 posted on 12/03/2017 9:13:09 AM PST by E. Pluribus Unum (<img src="http://i.imgur.com/WukZwJP.gif" width=800>)
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To: Steve_Seattle

You might want to take a look at the Federal Law regarding the closing or the substantial reductions in force by businesses. I worked for a company that was being sold to one of it’s major investors which was a foreign entity. Their plan was to move manufacturing out of the US and into idle factories in it’s own country. This meant a wholesale loss of jobs in the US. By reason of the numbers of people who were going to be displaced, Federal Law mandated certain processes and financial consideration to minimize the negative effect on the laid off workers.


54 posted on 12/03/2017 9:13:26 AM PST by vette6387
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To: Maceman; LS; governsleastgovernsbest; Kaslin; BenLurkin

Gee. A liberal company gets forced to lose more money by their liberal judges their liberal politicians FORCED on the rest of the taxpayers!


55 posted on 12/03/2017 9:14:09 AM PST by Robert A Cook PE (I can only donate monthly, but socialists' ABBCNNBCBS continue to lie every day!)
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To: Maceman

>>Unbelievable! A judge can force a failing business to stay open? WTF?!! America’s judiciary is completely out of control and needs to be reigned in.

It will be interesting to see how “capitalism for me, but socialism for thee” Starbucks will respond to this. Everyone is a villain in this case, so I don’t care how it turns out.


56 posted on 12/03/2017 9:15:02 AM PST by Bryanw92 (Asking a pro athlete for political advice is like asking a cavalry horse for tactical advice.)
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To: bgill
Well, this is a first (and likely the last) but I have to side with Starbucks on this. How can a judge stop a business from closing?

Might want to look at their lease contract.

Starbucks may be obligated to keep operating their store until their lease runs out.

They could get out of it if they were in bankruptcy, but they're far from it.

57 posted on 12/03/2017 9:15:13 AM PST by Snickering Hound
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To: Maceman
Simon Property Group malls because the real estate giant was less able to handle the financial pain.

One would think "real estate giant" Simon Property Group would be able to handle anything. They're huge. Back when I went to the mall, it was one of theirs.

58 posted on 12/03/2017 9:15:23 AM PST by bgill (CDC site, "We don't know how people are infected with Ebola.")
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To: Maceman

i don’t agree with it but Starbucks-oh well karma


59 posted on 12/03/2017 9:15:46 AM PST by rolling_stone
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To: conservative98

The penalties for not staying for the term of the lease are in the lease agreement.

It would be interesting to see the agreement, but that won’t happen.


60 posted on 12/03/2017 9:16:50 AM PST by SaxxonWoods (CNN IS ISIS.)
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