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Commercial Leasing Law & StrategyFeaturesCommercial LawLandlord Tenant LawLitigation

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

By Marisa L. Byram
April 01, 2018

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 business as usual in the leased premises for any of the Teavana stores at any Simon shopping center owned in whole or in part or managed by Simon, including any failure to be open and operating during normal business hours, as required by the Leases; and (b) Conducting, promoting, or advertising any fire, 'going out of business,' or similar sale, as prohibited by any of the Leases.” Simon Property Group, L.P. v. Starbucks Corporation, No.49D01-1708-PL-032170, 2017 WL 6452028, at 27 (Ind. Super. Nov. 27, 2017).

Not surprisingly, by January 2018, reporters at The Wall Street Journal, The New York Post and Forbes had already reported that the parties had settled their dispute.

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