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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: tflabo

That’s what I was thinking - even better if she’s an Obama appointee - embrace the suck, Starbucks, maybe on appeal you’ll get a real judge.


141 posted on 12/03/2017 11:12:33 AM PST by GnuThere
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To: Maceman

This judge should be tied down and given a Teavana enema.


142 posted on 12/03/2017 11:14:39 AM PST by windsorknot
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To: GreaterSwiss

Came here to say that.

If they have a lease, the contract can only allow backing out of the lease under certain circumstances.


143 posted on 12/03/2017 11:17:12 AM PST by Bogey78O (So far so good.)
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To: Steve_Seattle

“I’m no lawyer, but this sounds like massive judicial overreach. What legal principle could justify this ruling?”

I’m not either, but it sounds like it might be about the lease agreement, and Starbucks terminating it early. I guess it would depend on the language in the lease.


144 posted on 12/03/2017 11:18:44 AM PST by neverevergiveup
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To: Skywise
“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.”

I didn't see your post before I put my very late two cents in, but this is what I was thinking. It's really about the lease agreement. I doubt that Simons makes money or loses money based upon how a retailer renting space from them is doing. They likely make their money off the lease. To some extent, the cost of having to terminate a lease early because of losses or failure to reach business milestones should have been built into Starbucks business plan. That said, I have no idea what the actual facts are in this case.

145 posted on 12/03/2017 11:24:04 AM PST by neverevergiveup
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To: digger48

“...Maybe BLM could...”

How about TLM: Tea Leaves Matter!


146 posted on 12/03/2017 11:32:39 AM PST by budj (Damn the torpedoes, full speed ahead!)
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To: StormEye
They can be open. Just not have a lot of tea.

But they can be clean.


147 posted on 12/03/2017 11:35:41 AM PST by Larry Lucido (Take Covfefe Ree Zig!)
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To: GreaterSwiss

That’s gotta be it, the lease terms. I cannot believe a judge would make this up otherwise.


148 posted on 12/03/2017 11:40:23 AM PST by NonValueAdded (#DeplorableMe #BitterClinger #HillNO! #cishet #MyPresident #MAGA #Winning #covfefe)
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To: Maceman

This is a dangerous precedent with totalitarian lefist overtones, but I’m having a tough time being upset over it happening to Starbucks, they helped make this bed. Now they can lie in it.


149 posted on 12/03/2017 11:40:50 AM PST by RegulatorCountry
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To: EBH

When I worked at a video arcade (remember those?) in a mall all the store staff had to “dress for the season”. Hallowe’en costumes, Christmas get ups, etc.


150 posted on 12/03/2017 11:44:06 AM PST by Don W (When blacks riot, neighbourhoods and cities burn. When whites riot, nations and continents burn.)
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To: Maceman

I hate Starbucks! Bad coffee, worse politics!

HST, though, Starbucks should close the stores and dare the judge to come after them!


151 posted on 12/03/2017 11:44:54 AM PST by Taxman (Replace the income tax with the FAIRtax and abolish the IRS!)
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To: Publius

I NEVER thought we’d actually live in an Atlas Shrugged world.

Galt’s Gulch, here I come!


152 posted on 12/03/2017 11:47:37 AM PST by Taxman (Replace the income tax with the FAIRtax and abolish the IRS!)
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To: lee martell

Starbucks FINALLY getting a taste of the LIBERAL bastion they have been backing 100%, LOL, LOL, LOL be careful what you wish for Starbucks actions NOW have consequences!!!!! I am STILL laughing!!!!!


153 posted on 12/03/2017 11:57:49 AM PST by Trump Girl Kit Cat (Yosemite Sam raising hell)
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To: Snickering Hound
that wasn't listed in the posted part of the article and as a rule i don't click on the links

if that's the case fine, but from the OP it looks like a simple robe edict

154 posted on 12/03/2017 12:18:02 PM PST by Chode (You have all of the resources you are going to have. Abandon your illusions and plan accordingly.)
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To: Maceman

Since it is Starbiucks, I could care less.


155 posted on 12/03/2017 12:30:29 PM PST by Robert DeLong
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To: Jordo

That’s why I went to the lease as well.


156 posted on 12/03/2017 12:35:41 PM PST by Rurudyne (Standup Philosopher)
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To: Maceman


"You'd better show me some respect, buster.
I had to kiss a lot of ass to get this job!"

157 posted on 12/03/2017 12:36:01 PM PST by sparklite2 (I hereby designate the ongoing kerfuffle Diddle-Gate.)
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To: GreaterSwiss

Not all leases.

Regardless, if a failing business makes a business decision that they are losing bucks for staying open, they can just pay the outstanding rent balance and be done with it (like walking away from a apartment lease).


158 posted on 12/03/2017 12:36:32 PM PST by Hulka
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To: Snickering Hound

Not sure how to feel. This is like seeing your
mother-in-law drive off a cliff in your new car.


159 posted on 12/03/2017 12:50:01 PM PST by sparklite2 (I hereby designate the ongoing kerfuffle Diddle-Gate.)
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To: Maceman

Late to this party.

But I suspect the ruling was not quite what the article said it was. If there were leases, and Starbucks was looking to violate the lease, maybe.

If I am wrong, then the facade of private ownership is gone. If I was Starbucks I would just lay everyone off and refuse to staff them.


160 posted on 12/03/2017 1:05:46 PM PST by redgolum
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