News & Insights

Client Alert: An Emerging National Issue: Should A Solvent Retail Tenant Be Forced to Stay Open?

12 Mar 2018

At the end of 2017, national business media attention was given to two separate trial court decisions: one out of Indiana’s Marion County Superior Court and the other out of Washington’s King County Superior Court (both trial level courts) when the former granted a preliminary injunction requiring Starbucks Corporation to continue operating failing “Teavana” brand stores in 77 malls in 26 states throughout the U.S. and the latter granted a preliminary injunction requiring Whole Foods to continue operating a failing “365” brand store in a single mall location.

This Client Alert, written by Real Estate Practice Group member Chad Richman, details the outcomes of these rulings and what they could mean for situations involving solvent non-anchor tenants seeking to close failing locations.

Click the button below to read the full alert. 

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