18 October 2011
Important new court case on terminating hotel management agreements — Fairmont v. Turnberry.
JMBM’s Global Hospitality Group®, together with Dennis Richard of Richard and Richard, represented the owner of the Turnberry Isle Resort & Spa in obtaining a significant decision involving Fairmont Hotels & Resorts. On Friday, October 14, 2011, a Miami Federal District Court denied Fairmont Hotel’s request for a preliminary injunction to be reinstated as the operator of the hotel.
We think this is an interesting and important decision. We believe that this 71-page opinion written by Magistrate Judge Goodman and adopted and reaffirmed by Judge Donald L. Graham is destined to become one of the more important cases in the area of hotel management agreements. Grounded on solid legal precedent — with English common law, a landmark U.S. Supreme Court case by Chief Justice John Marshall, and a well-known line of hotel cases — and public policy, this is one of the best-written, most thoroughly researched and comprehensive decisions in the area.
Court order and opinion in Fairmont v. Turnberry
The Court’s decision can be downloaded by clicking Fairmont v Turnberry.
Other articles on Hotel Law Blog about terminating hotel management agreements
Ritz-Carlton breached contractual and fiduciary duties under hotel management agreement giving rise to free termination, $10.3 million in damages plus attorneys fees. When will hotel operators “get it”?
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