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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: GreaterSwiss

And there it is.

I have seen this a few times. It does mean that the Simon group just made a very profitable chain very angry, but the lease terms do say to stay open for the term of the lease.


161 posted on 12/03/2017 1:07:47 PM PST by redgolum
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To: Maceman

Quite funny, the leftist use the courts all the time to acheive their goals...

Nice to see them getting bite back


162 posted on 12/03/2017 1:15:29 PM PST by Popman (My sin was great, Your love was greater  What could separate us now…)
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To: Cicero

I prefer hot tea to coffee, and Starbucks does make a good cup - if they keep it out of those damned paper containers.


163 posted on 12/03/2017 1:42:27 PM PST by Loud Mime (Liberalism: Intolerance masquerading as tolerance, Ignorance masquerading as Intelligence)
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To: Maceman

I don’t like Starschmucks, but this should be appealed and the judge should be removed from office.


164 posted on 12/03/2017 2:00:48 PM PST by captain_dave
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To: hanamizu

“The post I originally replied to said we needed to get rid of lifetime appointments and that would require an amendment.”

I hate to be persistent, but there are no lifetime appointments for the federal judiciary.

The constitution now provides that a judge can be removed for behavior that is not good.

For example, if a judge decides to stand the constitution on its head and substitute their own personal preferences - that is not good behavior. It violates their oath of office. But they do it frequently and get away with it.

That is because we are sending people to Washington that are no good. A smokehouse has more guts than most Senators.


165 posted on 12/03/2017 2:03:55 PM PST by jeffersondem
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To: conservative98

I would have to agree. A bankrupt Starbucks would have prevailed, but this is not the case. Any profitable business would have difficulty shuttering an unprofitable store and breaking their lease.


166 posted on 12/03/2017 2:19:36 PM PST by baltoga
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To: Cicero

The tea is good but it is horrifically expensive.


167 posted on 12/03/2017 2:43:29 PM PST by Calm_Cool_and_Elected (" Undecided Voter: someone who parades their stupidity as proof of their morality." ~David Burge)
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To: Rebelbase

Yep...seriously.


168 posted on 12/03/2017 4:24:34 PM PST by DennisR (Look around - God gives countless, indisputable clues that He does, indeed, exist.)
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To: Don W

I do recall those days. That’s why I am saying I’ve been around a long time....I have opened and shut down a lot of stores in my retail days and this ‘ruling’ seems way outside the norm.


169 posted on 12/03/2017 4:40:43 PM PST by EBH ( May God Save the Republic)
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To: redgolum

Teavana is a separate division and is not profitable.

Just because I offer a profitable service and a loser service...doesn’t mean I keep offering the losing item.

In fact, a smart business owner cuts their loss and moves on.


170 posted on 12/03/2017 4:43:54 PM PST by EBH ( May God Save the Republic)
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To: Maceman
Judge Heather Welch

I hate to seem sexist, but in all my years, I have never read or witnessed a female judge who stuck with the law and the Constitution, with rare exception when doing so agreed with their feelings. Their "Opinions" meant exact that... and nothing more.

171 posted on 12/03/2017 4:44:57 PM PST by Teacher317 (We have now sunk to a depth at which restatement of the obvious is the first duty of intelligent men)
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To: EBH
Just because I offer a profitable service and a loser service...doesn’t mean I keep offering the losing item. In fact, a smart business owner cuts their loss and moves on.

The Simons are very big in Indianapolis. This was a likely backroom handshake opinion.

172 posted on 12/03/2017 4:46:51 PM PST by Teacher317 (We have now sunk to a depth at which restatement of the obvious is the first duty of intelligent men)
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To: Maceman

Close the stores anyway. Let the dingbat judge enforce her ruling. Otherwise the taxpayers will be paying Starbucks for every minute these places stay open beyond what they intended.


173 posted on 12/03/2017 8:08:12 PM PST by Some Fat Guy in L.A. (Still bitterly clinging to rational thought despite it's unfashionability)
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To: Maceman
Yes, another judge derelict in his duty to his oath of office. Malls are done for, as America has moved on from the 1970’s retail world, but this robed a—hole thinks he can hold back the tide.
174 posted on 12/03/2017 9:50:36 PM PST by hinckley buzzard
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To: Cicero
Teavana is actually a pretty good store, it carries quality tea services as well as numerous herbal style teas. It is unfortunately short on basic black tea, Irish or English Breakfast, eg. A stupid marketing shortfall, but fine of you like fancy flavored pseudo teas.
175 posted on 12/03/2017 9:57:17 PM PST by hinckley buzzard
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To: Maceman

We are NOT a free country anymore.


176 posted on 12/03/2017 10:05:50 PM PST by Tolerance Sucks Rocks (Women prefer men with money and muscles. DUH!)
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To: vette6387

>> Federal Law mandated certain processes and financial consideration to minimize the negative effect on the laid off workers.

Big industry that employs entire cities creates complicated relationships. Decentralized operations that involve the already whithering shopping mall are irrelevant by comparison — IMHO.


177 posted on 12/03/2017 10:18:45 PM PST by Gene Eric (Don't be a statist!)
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To: Maceman

Ayn Rand was a prophet!.....................


178 posted on 12/04/2017 6:11:23 AM PST by Red Badger (Road Rage lasts 5 minutes. Road Rash lasts 5 months!.....................)
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To: GreaterSwiss

the commitment is just to pay rent, not to stay open. if they keep paying the rent to their end (or closing clause) they are fine.

This is a judge who has never had to work a day in his/her/it life.


179 posted on 12/04/2017 6:15:25 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: napscoordinator

[I believe that you are really a Democrat and giving stupid opinions to support your agenda.]

And you’re just stupid.


180 posted on 12/04/2017 7:19:40 AM PST by headstamp 2 (My "White Privilege" is my work ethic.)
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