<i>Simon v. Starbucks</i>: Preliminary Injunction Granted to Prevent Store Closings

While the court will not have the opportunity to rule on the merits of the case, the facts relied upon by the Indiana Superior Court and the conclusions reached in rendering its decision are still instructive for practitioners drafting continuous-use provisions and advising clients on potential breaches or anticipatory breaches of such provisions.

11 minute readApril 01, 2018 at 12:07 AM
By
Marisa L. Byram
<i>Simon v. Starbucks</i>: Preliminary Injunction Granted to Prevent Store Closings

On Nov. 27, 2017, the Marion County Superior Court in Indiana granted Simon Property Group, L.P. (Simon) a preliminary injunction prohibiting Starbucks Corporation from “(a) Failing to occupy and conduct

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