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<b><i>In the Spotlight:</i></b> How to Protect Against a Lawsuit By the Beneficiary of an Exclusive

By Ruth Schoenmeyer
February 29, 2016

One of the most surprising things about Winn-Dixie Stores Inc. v. Dolgencorp, LLC, 746 F.3d 1008 (11th Cir. 2014) ' the case that Winn-Dixie brought against three national dollar store retailers for alleged violations of Winn-Dixie's exclusive use provisions in more than 100 shopping centers in five states ' is that Winn-Dixie elected to pursue remedies against the dollar stores, its co-tenants in the shopping centers, rather than the landlords that granted Winn-Dixie an exclusive-use provision with respect to the sale of certain grocery items.

How do landlords feel about tenants suing co-tenants, and how can landlords and co-tenants best protect themselves against suits by the beneficiary of an exclusive-use provision?

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