October 15, 2018 Articles

The Continuing Saga of the Winn-Dixie Exclusive

By Howard K. Jeruchimowitz

Going on its sixth year and two trips to the Eleventh Circuit Court of Appeals, the case of Winn-Dixie Stores, Inc. v. Dolgencorp has demonstrated how difficult it is to define and enforce an exclusive especially one not well defined in the lease itself. This article explores the latest battle in the Winn Dixie interpretation and enforcement of a grocery exclusive in a shopping center.

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