From the JTF Front Office:
The Cordish Company are the owners of the Joppatowne Plaza. Redners Markets is one of the vendors renting store frontage. They are currently embroiled in a court battle over leasing issues. Unfortunately, Redners has targeted the Amish at the Joppatowne Flea Market trying to get them to close. They state that the Amish are costing them lost revenues, however 3 yrs ago prior to the Flea Market opening this plaza was a ghost town. Most local Joppa residents didn’t even shop at the Redners. They were losing money and the area sat deserted. The market opened and it revitalized the whole area benefiting everyone including Redners who has seen increased traffic and business since it began. All the vendors at the flea market the Amish included have done all they can to support all the local businesses Redners included. In fact as can be proven with their weekly receipts the Amish alone spend as much as $4000.00 a week on gas and groceries at Redners.
The Amish are being used as a tug of war between two corporations and their livelihoods are at risk. But they are not the only innocent victims of this story, the market has become an integral part of the community. They support all local charities, allow for citizens who are on fixed incomes to set up a table to supplement their meager incomes, or to shop for items at lower prices to save money, they are a local gathering place for the senior citizens who have limited mobility but need to continue being social, and they have presented citizens with an opportunity to own their own business providing jobs in a difficult economy.
The impact of the loss of the Amish market will be far reaching in a community that is rebuilding and feeling revitalized. To combat this action the community has organized a petition drive that has collected several thousand signatures calling for a boycott of ALL Redners stores and Saturday 6/22/13 they are rallying to protest with signs picketing the Redners market hoping that these measures will allow their voices to be heard.
Redner’s Joppatowne Opinion and Order
Notice of Appeal
Jewish Mafia vs. The Amish. At one time Cordish owned roughly 90% of the strip malls on the east coast. Im sure there are other Amish tenants out there. If I were them I would get together and protest nation wide……………..OH wait, they dont have phones.
Many Amish own a phone, its usually located on a pole or in a tiny shack removed from their dwelling with an incredibly loud ringer.
We are in support of keeping the Amish in Joppa Town – the quality of their food is far and above Redners – especially when it come to your meats and fresh produce – you may pay a little more for some items but it is very well worth it…….shelf life for fresh produce far accedes Redners – customer service alone is a “10” for sure – always greeted with a smile and light conversation -at Redners you can wait forever in the deli department while 3 of their employees appear to be wandering behind the counter listlessly – and when they are all busy we have asked from help from the employee behind the seafood department just for a salad or two and the response has always been “I work seafood only and cannot help you!” Please – what happened to team work in the real world You can take this to the bank – will not support Redners……..
I just want to let Redner’s i will never shop at any of you stores again.
Instead of sending some goons to break up the Amish market, Redner’s is using lawyers. Same concept; if you can’t compete honestly, use other methods. As the article states, that place was dead before the Amish came. They really livened up the area and give us a great place to shop. I’ll boycott Redner’s forever, even if they drop the suit; they’ve show what sort of people they are.
I will never shop at Redner’s again! They have lost me as a customer for good.
I think people are missing the point. In Cordish’s contract with Redners, they made an agreement not to allow other business who would be their competition to rent in that shopping center. This is standard for shopping centers. (one barber, one nail salon etc) Cordish has violated the contract by renting to the Amish Market. Cordish is at fault and both Redner’s and the Amish are being hurt by it.
What will things be like if contracts are no longer binding agreements?
I don’t really see the Amish as competition – they supply a different quality of meats and homemade foods that Redners will not. If you want a good sale on ground beef you go to Redners. If you want grass-fed organic ground beef you buy from the Lapps in the market. I typically start my shopping in the market, and finish up at Redners… Of course, without the market there I’ll have no reason to shop Redners either.
Redner’s is well within their legal rights to bring this suit but what is legal is not always moral or just or in the best interest of the community. People offended by Redner’s actions, legal though they may be, have the legal right to boycott them.
Right – a contract is a contract. I’m sure Redners’ accountants have done the math and you can’t blame Redners for wanting the terms of their lease enforced. But we can still speak out as consumers and let Redners know that they could stand to lose more than they’ve counted on if they upset a significant portion of the Joppatowne Community.
Part of any lawsuit, regardless of the terms of the contract, is the necessity that harm be shown. That means, by definition, Redner’s had to admit in court that it has problems competing with the Amish market stalls, which are only open a few days a week and with limited hours. In other words, if a grocery chain opens nearby, obviously one that doesn’t lease from Cordish, Redner’s is no more. It cannot compete in the free market, so it is using a team of lawyers to do what its business practices cannot. It has admitted such in court.
If 1 person buys from Lapps that is a lost sale, causing harm to Redners.
You need to work on your deductive reasoning skills Keith.
In law, that effect is called de minimis, which is not harm. Redner’s would, and has, shown actual harm, which means a significant loss of business. In this case, the actual loss is more than the cost of bringing the court case. Redner’s is doing this based on mathematics, not on principal.
You are welcome.
Redners has an exclusive in it’s lease.
It doesn’t need to prove damages in order to win it’s rights under the lease.
However they have been damaged by the Amish same and similar product sales.
Harm must be demonstrated in order to have legal standing to bring a case. Redner’s has done that and has not shied away from it. Without injury, there is no case and we wouldn’t be having this running online debates about it.
(I like the postings you’ve been making so far, Common Sense. They’ve been quite helpful.)
Redners need not show harm if in bringing the suit once of remedies is for Cordish to cease and desist leasing to competitors. You can contract almost anything with almost anybody as long as it’s legal. This is a contract dispute pure and simple.
Without harm, there is no cease and desist for a court to order. The harm here is the violation of the restrictive covenant. The remedy is the eviction of the offending tenants, plus possible financial compensation from Cordish to Redner’s for the amount of the harm, which is alleged to be several million dollars, plus attorney fees.
In court Redners has shown the Amish Market has taken $2.3 million in business away from them. They have a lease which has been breached and the court agrees. You nonsensical ramblings of other grocery stores opening and putting them out of business are pure fantasy and have no context in this discussion, but they do provide insight into your thought process or lack of….
It is clear from your rants that you did not read the court opinion and you have a limited sense of how law and economics functions. I’ll spell it out for you.
1) In my initial post, I declare that Redner’s suffered significant economic harm from the Amish Market, enough so to have legal standing in court and to win.
2) The restrictive covenant only applies to Cordish and no other developer, which means that it is possible for Redner’s to face direct competition from another grocer, it one happens to open.
3) If Redner’s has lost a couple of million to a small-time food distribution businesses, it stands to reason that a larger business, such as Mars, Giant, Wal-Mart, Superfresh, etc. would have little problem putting Redner’s out of business. It is a matter of economy of scale.
4) Empty storefronts lead to other empty storefronts. That is a economic reality, just as in the inverse is true. Economic activity breeds further economic activity.
5) Your unwillingness to accept the reality of the situation is curious.
Besides item #1 was does the rest of your nonsensical rant have to do with the article?
I’ll try to write in simple sentences, so that you understand:
#2 and 3 mean that Redner’s, even without the Amish there, has problems competing. It staying there is not assured. The entire lawsuit is about the restrictive covenant, nothing else. The only problem the lawsuit solves for Redner’s is that the Amish cannot sell fresh meat or seafood. It doesn’t solve its business model problems.
#4 means that if the entire Amish Market eventually leaves, the flea market has a very good chance of doing the same, hurting all of the business in the plaza, including Redner’s. This is not a good thing.
#5 has nothing to do with the article, but about your bizarre attachment to Redner’s and facts that have little to do with reality and much to do with an active imagination.
Redners negotiated lease with exclusives they paid for these provisions.
Redners has a resoanable expectation that the landlord would lease the rest of the center space to complimentary businesses to their economic benefit.
Why would a big chain store from PA that was enjoying a good business before the flea market opened accept having its contract violated by its lanlord? Redner’s has opened two other stores here in MD after this Joppatowne store, so they must be experiencing some success with MD shoppers. Cordish is up to something by screwing over its biggest tenant in the shopping center. When is Redner’s’s lease up for renegotiation?
There are ample reasons. The most noticeable one is to force the landlord into more generous terms when the lease is renegotiated. Another one is that Redner’s may not have considered the Amish to be a threat when they initially moved in. Redner’s is a successful chain, but it is clearly losing $2.3 million of market share and is using the courts to recover it, as is its right.
I have no answer to the question as to when Redner’s lease is up for renegotiation. I would imagine sometime in the next 5 years, just to guess.
From the Joppatowne Flea Market FB page”
“Joppatowne Flea Market Some people are very naive if they truly believe this was about a no compete clause. The real issue is Redners wanted to renegotiate their lease pay less rent and share less of the gas and pharmacy profits with Cordish. They had to use the non compete to try to strong arm Cordish to negotiate not caring who was hurt in the fall out. Cordish doesn’t need the Joppa community’s support to stay afloat but Redners sure does.”
Redners is going to get out of their 12 million dollar loser of a 12 year lease and leave the Amish market as the only place for Jtown residents to shop for questionably fresh food. How old was th3 chicken in that meat case?
Oh well it will be back to shopping at the edgewood giant… oh wait…..
Jack Rabbit- you’re an asshole. Educate yourself before you make statements.
Supplies, including meats are delivered weekly. Usually, the day before or the morning of a a a business day. Don’t shoot your mouth off when you don’t know for sure. Dumb ass mouths always hurt innocent people. Court documents are public records. read them if you can. they’re are no pictures. I bet you haven’t worked as hard in your life as an Amish person has in one day. Funny how one statement from a person is so telling.
Oh my are you saying those good old Amish folk aren’t bringing in those luscious cuts of naturally grown meats from their farms on their horse drawn wagons?
Do the Amish get inspected at their farms, slaughterhouses and meat-packing facilities by the USDA like normal traders in animals/meat do? Do they claim religious exemption, tax free status or what? Does anyone really know the chain of possession of the meats sold by the Amish or their record on food handling safety?
The Amish Market is such a neat and fun outing as to a regular grocery store. I shop at a grocery store weekly. I shop at the Amish Market often, but not weekly purchasing different items usually not in the grocery store. Yes there is some overlap and “maybe”some competition. What the Amish offers is natural, a little higher price and many customers are looking specifically for this kind of product. This contract sucks to close down the Amish Market….it is a shopping experience that people enjoy.
redners does not realize that this is going to hurt them even more
Won’t even make a dent in their business.
What Redner’s is doing is so wrong! The Amish Market has brought the delight of shopping at Roots or the Green Dragon markets in Lancaster and Ephrata, PA right here to Harford County. It’s an excellent large market with great offerings of all kinds, and I shop there almost weekly.
I love the colorful Amish Market, and it’s always crowded, so I know other people do, too; and many people come from other parts of the state, even tourists and people bringing their children. It reminds me of the many years I used to go to Roots in Lancaster to sell poultry and stay to buy at the food booths and flea markets that were thronged with customers and tourists.
The Amish Market has been a wonderful thing for Harford County, but this mean Redner’s chain needs to be replaced. I’ll certainly never shop at any of those stores. I guess I’d better drive down there and join the protest.
The Redner’s website has coupons for $2 off the gate admission to the Kutztown Folk Festival June 29th through July 27th. Go to Redner’s website and print out a coupon and make the drive north to experience the crafts and foods of the Amish Folk. And perhaps shop at one of Redner’s 40 stores on the way to Kutztown.
http://www.rednersmarkets.com/
Redners has every right to sue Cordish according what their contract specifies. I absolutely disagree with the statement that Redners didn’t have business until the Amish Market opened. Redners was there well before the Amish, up and running, doing a good amount of business without them. Also, the article states that the Amish spend “as much as $4000.00 a week at gas and groceries” from Redners. Big number! I have been in Redners on plenty of occassions and seen the Amish from next door buy a bunch of meat at Redners only to resell it at their own place for more money. As for the meat being so good and organic, I wouldn’t be able to tell by the looks of it. Not appetizing at all. I resent the knee-jerk reaction of “the poor Amish.” Redners is right, Cordish is wrong, and the Amish don’t deserve special treatment, period.
That’s a pretty outrageous claim, repackaging meat from Redner’s as Amish origin. If you can substantiate that claim fine, otherwise you have just committed defamation. Plus it smacks of a serious food safety violation. Step up to the plate Helena… you just created a situation that should make you hide from potential litigation. Nice that you posted under a single name as opposed to your full name.
Because your hypocrisy never fails to amaze me. Criticize her for hiding her identity as you cloak your own.
Can’t believe I am saying this but you are correct, Helena should be begging someone at the dagger to make that claim disappear.
Seriously B. Introspection will do you a world of good.
They sold their meats using the claim they were of Amish origin? Well because, that is a pretty bold statement as I shopped there and never once saw that claim. If you can substantiate this claim fine but if not you have made a serious violation in food safety as the origin must be well documented. Are you going to hide behind the name “because” or going to exhibit some testicular fortitude and man up with you real name to back up your claims?
I’m guessing you are going to crawl into your little hole hoping your big mistake blows over to avoid potential litigation while cradling your publicly busted nuts.
What difference does it f****** make if someone uses their “real name” on the internet or not?
What does that prove? Why does that matter?
Yeah because “Bill H” gives you so much more credibility!!!!
I didn’t make the claim. Helena did.
WOW! Maybe you should taste the difference between what Mr. Lapp sells and the meat from Redner’s; there is a huge difference in quality. Mr. Lapp’s beef is grass fed organic. The steaks cook up as good as what you would pay at a Flemming’s, Chart House or Ruth’s Chriss. By the taste and coloration of the meat I would say it is no more than a week old from slaughter to sale.
Apparently you don’t know much about beef and the aging process?
Want to know how to make old brown beef look nice and pretty and red?
Every butcher knows that trick they teach it on day 2 of meat cutting 101.
They help each other. I don’t see the need for this lawsuit. We have seen people shopping at both places. I have live in Joppa Town for 46 years and have never seen the area so crowded when the Amish are open. I am doing everything in my power to try to bring them togeather.
For 46 years, don’t you mean Joppatowne?
Typical politician that doesn’t really know what he is talking about
I have very little good to say about Guthrie. He is quite the mercenary, but on this account, I believe his is correct. There is enough business for everyone to have a slice. Without the Amish Market, the flea market probably will flounder. If that happens, the shopping plaza goes back to being a ghost town, followed by Redner’s complaining about lack of other businesses being drawn to the area. Nobody, except for a few grumpy types who like to post unpleasant comments wants to see empty storefronts.
What the Amish typically sell in these markets is the same products from the same wholesalers as the grocery chains. Big difference is you don’t know how old it is, do you think the meat they didn’t sell by close of business Saturday is all thrown out and new product supplied for next thursdays opening? Oh and check out the natural ingredients on their baked goods? They use just as many strange chemicals as the big bakeries which is no surprise cause that’s where it came from.
Next time you are in a market any market ask the vendor about their products and where they really came from you may be surprised. One of my favorite markets is central in lancaster, there is a deli type booth run by an amish family, every product they sell is just repackaged and resold all they do is spoon stuff someone else made into containers but you wouldn’t know unless you ask.
The statement that Redner’s did not have any business before the flea market showed up is a bald-faced lie. Those of us who live in the area have appreciated the prices and variety offered by wonderful Redner’s long before the used junk sales shop opened. If the central premise is a lie, how much of the rest of the article can we believe. I am heading to Redner’s NOW to shop at my favorite store. I hate that scuzzy flea market.
@ Snarl-Ok better than everyone else! U can tell ur for harford county dogging on people! U don’t like it you don’t have to go there! & if u never have been shut the hell up! & don’t patronize the flea market then & it’s not all junk! There are lots of venders there that sell plenty of things that are brand new at cheaper prices! Also there are lots of antigues & things, so if you have bever been to ragg on the place!! So go suck an egg at wonderful Redner’s! I personally think that store SUCKS! Enjoy your empty wallet after shopping there too!
I try everything twice, just to make sure I don’t like it. How do the Amish manage to take all the flavor out of their food? When will those vendors of brand new stuff on the cheap going to get busted for selling illegal knock-offs like in on the OC Boardwalk and Patapsco Flea Market?
Well you can pay cash for your flea market purchases and avoid paying sales tax.
Not that most of those vendors actually report and pay sales and income taxes anyway.
Let’s support the tax cheats, yeah!
Some vendors are likely on Unemployment or disability payments and working off the grid at the Flea Market?
Ummm, how can you produce knock-off Bath & Body Works, Yankee, Tide, Cover Girl, Snuggle, ETC.???????? Snarl-your an idiot!
SMDH:
Counterfeiters aren’t limited to just purses. If they think they can make it cheap overseas, smuggle it easily, and sell it in the US, they will.
Tide is also one of the most shop-lifted items (after baby formula) due to its near-universal demand, thus why some stores place “if found for sale anywhere other than _____, please call 1-800-____” stickers on the bottles.
And its “you’re”, not “your”
And you’re funny!
Cordish caused the mess; not Redners. I’d have to assume whatever rent you pay has a built in benefit for the “do not compete” within a vicinity clause. Redners is absolutely within their rights to sue and collect damages. However it’s the Amish that have been snookered more than anyone. They were invited into a lease that was bound to end up with the parties in court – shame on Cordish for putting god fearing, good, hard working people in a position where they’re the weakest link in the suit and are bound to lose the most.
They should call Lebanon Levi and the rest of the Amish mafia
Despite the press release above, my reading of it is that only two of the stalls in the Amish market will be forced to close, but no the whole market. I have never been there.
Is this right? I was under the impression the market would remain, but without those 2 vendors.
You are correct. Only Lapps Meats and a since closed seafood stall are being forced to close.
You are correct. Only Lapps Meats and a since closed seafood stall are being forced to close. That said, the case is being appealed to the 4th Circuit.
So much for lawsuits being “violence” to the Amish religion. The Amish generally don’t sue, but the ACLU has helped them in court to get permission to not tag their cattle and get their kids out of school by eighth grade. (http://amishamerica.com/why-dont-amish-sue/)
Amish do not pay into Social Security taxes and possibly not into Medicare. (need source)
They don’t serve in the military and in 1967, during the draft, they even got out of having to do “alternative service” as prescribed by the U.S. govnernment in hospitals and instead got permission to do their “service” on their own farms. (amishamerica.com)
They are very, very closely related to each other and are often used in medical research to help determine the genetic component of disease. (search on amish in the NLM PubMed.)
As a resident and local teacher in Joppatowne I have to say this sucks. Both businesses have brought benefits to this community. Redners employs many high school kids and is usually very accommodating of their needs. The Amish market has brought exposure for the kids to a culture that would otherwise be foreign to them. Before the market opened my students never saw an Amish person and most had no clue they existed. Now most of my students can actually tell you a little bit about their way of life. I shopped at both places instead of driving to the Abingdon Giant. Now I will miss out on Redners fried chicken and Chacolate Covered Bacon. BTW I have seen the Amish buying dry goods in Redners to use in their prepared foods.
Interesting observation. Redners has local kids working there and they also donate to the local food banks so they are returning to the community. The Amish come in from outside harford county selling products that are not local and taking the money home with them at the end of the business day.
Yes lets all hate Redners!
I know of two neighbors in Joppatowne that work at Redner’s. It is also employee-owned, if that makes it feel less corporate and hostile.
What does the landlord get out of setting up a dispute between two tenants? What is their upside in this? While I wonder aloud if all will be torn down for a casino, I shall also dream:
I think we could use a clean, bright sit-down chain restaurant where the dark and dingy Pizza Hut was. Something with windows, more variety on the menu and a younger interior coating of grease. A Panera or Friendly’s would fit that description.
Redner’s and the Amish both take the profits back to PA, so this is a distinction without much of a difference. That said, you are correct in stating that Redner’s does provide more local jobs and, because of its size, generates more sales tax revenue, which is a bonus.
I don’t think that this issue is really that polarizing. There is more than enough economic activity to go around. There is no reason to “hate” Redner’s. All that it did was to use the tools it had available to defeat something it couldn’t do with its business practices, such as price and service. What it did was fair, backhanded, but fair.
Funny how the sock puppets on the conscientious-objecitng Amish side started up the “Let’s hate evil Redner’s” speech.
Ok, not all Amish live in PA your idiots! so how do you know the families that work at the Flea Market are not from the outskirts of Harford & Cecil Counties where there are lots of Amish????? Does that matter now?
That flea market brought business to a drab dull area! That area was barren with no activity! now you have Gov. Workers, State Workers & others employed in the area who like to go to the Flea Market for a nice cheap lunch on a Thursday & Friday, which BTW brings business to Redeners, Dollar tree & some of the others in the shopping plaza!! Hello, they are all benefitting from the Flea Market! Suck it up!
There are no Amish communities in either Harford or Cecil – they left here long ago because farmland is far too expensive here. There are a couple out in western Maryland and I think one very small enclave on the eastern shore. Where they live isn’t really germaine to this situation but regardless you are very, very wrong.
There are several communites down in Southern Maryland as well, in Charles County and St Marys.
Boy, I sure miss the Amish market in Aberdeen at the old Jamesway plaza.
The cordouche company sucks …plain and simple … they created this mess ….. redners is in the right … its unfortunate that the little people being the amish with be the losers in this … they shelled out a ton of money to open that place
.. cordouche should have never allowed it in the first place
Memo to Redner’s: Go Ahead Punk, Take My Hay!
Regards,
Samuel “Shoofly Sam” Yingst
Gap, Pa.
Why is this a Federal case?
Redner’s is a PA company. The property is in Maryland, which makes it a federal case, as the dispute crosses state lines.
Thanks for explaining.
A rent dispute in Maryland would typically be state matter and not be a federal case.
Except for when the parties are in different states, such as this one.
@Keith Gabel –
You are wrong and don’t know what you are talking about.
Lease disputes are typically state court matters.
@Common Sense –
You are correct when the matter is INTRA-state. INTER-state disputes like this one are typically handled in federal court. Redner’s is a PA-based. Cordish is MD-based. The action took place in federal court using Maryland law as that is where the dispute occurred.
@Keith Gabel
Your intrastate vs interstate hypothesis is incorrect.
@Keith Gabel
Unless a case has federal only exclusive jurisdiction most civil cases are heard in state courts irrespective of domicile of the parties.
In some cases dependent on the fact pattern and pleading a plaintiff can seek hearing in either federal or state court.
@Common Sense –
Ok, but considering the limited jurisdiction of a federal court, a reason had to be given for the case not to be rejected and sent to state court for lack of jurisdiction. As you already clearly established, the federal system is the exception, not the rule, for civil cases.
The question PAVEL314 had was what makes this case distinct from the majority of cases. You’ve already ruled out state lines being a factor in this determination. I’m at a loss for why a federal court would have jurisdiction once we rule out interstate commerce. I’m curious what your answer to PAVEL 314 would be.
@Keith Gabel
Some plaintiff’s attorney’s think they get a better quality of result in federal court.
The reason the plaintiff had for filing in federal court may be discovered in the actual suit?
All in all it doesn’t matter but your intrastate vs interstate hypothesis is incorrect.
Ok. I just reviewed the complaint. Redner’s attorneys disagree with you. Under the jurisdiction section, Redner’s successfully argued:
“4. Redner’s invokes the jurisdiction of this Court pursuant to 28 U.S.C. § 1332 in
that the amount in controversy exceeds $75,000.00, exclusive of interest and costs, and the controversy is between citizens of different states.”
This roughly translates to being an interstate commerce dispute based on location of domicile.
@Keith Gabel
Yes this is familiar –
“Redner’s invokes the jurisdiction of this Court pursuant to 28 U.S.C. § 1332 in that the amount in controversy exceeds $75,000.00, exclusive of interest and costs, and the controversy is between citizens of different states.”
What if the damages were under $75K?
What if both parties were both domiciled in Maryland and the damages were greater than $75K?
You made blanket statement that if parties were in two different states that makes it a federal case.
Here’s what you wrote –
“Redner’s is a PA company. The property is in Maryland, which makes it a federal case, as the dispute crosses state lines.”
@Common Sense
-Yes, you are correct. I should not have made a blanket statement. The essence of my statement, however, is correct. The CORE reason that this case is federal is that it is a controversy involving citizens of different states. Your blanket statement is that this was incorrect. You proposed venue shopping as the most likely alternative. Where is the proof of venue shopping?
@Keith Gabel
Redner’s could have sued in Maryland State Court.
Why they didn’t we don’t know?
Having been in pre-litigation preparation meetings on what to sue over and where to file were always considerations.
@Common Sense –
So far, the evidence is with me, as this is and was a federal matter. What is your hypothesis?
@Common Sense –
Okay, we will go with your supposition that Redner’s had a choice of venue. It chose the US District Court in eastern PA. Ultimately, the case was transferred to the MD federal district court. In said court, it argued that MD contract law should apply to this case. The defendant argued that federal law should apply. Redner’s won on the point of MD law and got a permanent injunction, although no monetary relief.
Now, if it is the norm for a case such as this to be tried in either a PA or MD court, doesn’t seem a bit unusual for Redner’s to have gone federal to argue that MD law applies? It isn’t unusual at all. By going federal, Redner’s has eliminated the possibility of federal appeal by way of arguing that the wrong state’s law was applied. More importantly, as Redner’s argued successfully, the federal court had jurisdiction in this matter.
I am not saying that all cases that cross state lines are necessarily federal, but that is the rule of thumb. (As just one example for when it doesn’t, one just needs to look at a credit card statement. Everyone who takes a credit card is largely agreeing to have all court hearings decided by a state court, usually somewhere not in MD.)
Diversity of jurisdiction is one thing but let’s not confuse things further by conflating contracts-of-adhesion (credit cards, utilities, wireless) with fully bargained contracts (leases, license agreements, business agreements).
In which court a civil matter is filed and adjudicated can be complicated since some matters can go state or federal, however most civil cases go to state court.
I included the issue of credit cards as an example for anyone who reads this board and likes to point out the exception to the rule as being the rule. (My apologies for that.)
Yes, the federal courts have limited jurisdiction, which is why most civil matters are handled locally. The most obvious reason a federal court has jurisdiction is when the case involves competing state and/or federal claims and/or involve a state line.
Unfortunately, we are not talking about most cases. The question was quite specific. Why is this case federal? It was answered. It doesn’t matter why most state and federal civil cases are handled in their respective jurisdictions. It only matters to PAVEL314 why this case was being adjudicated federally. If you have an alternative theory as to why Redner’s wanted this case to be federal and not a local matter, please feel free.
@Keith Gabel
You wrote –
“Redner’s is a PA company. The property is in Maryland, which makes it a federal case, as the dispute crosses state lines.”
This matter could have been filed in federal court even if Redner’s were Maryland domiciled.
The question we are answering is why this is a federal case.
So far we have two options. My corrected statement, thanks to your input, that it is because it involves parties from 2 different states and alleged damages over $75k. This is the one supported by Redner’s and the federal court.
You’ve recommended venue shopping on the part of Redner’s.
PAVEL314’s question isn’t hypothetical. It is answerable. Redner’s could have done many things, but it is a federal case and it is something that Redner’s wanted it to be, as is its absolute right under Article 3, Section 2 of the US Constitution. The only limitation that Congress has put on that right is the dollar amount, to my knowledge.
The real question for me is – why was this any kind of case at all? Apparently Cordish decided that with enough public outrage they could renege on a contract that they’d signed and get away with it. Cordish should be on the hook for Redner’s legal fees as well as compensating the Amish for their expenses. If you don’t like the terms of a contract, maybe you shouldn’t sign it.
@Amazed
All very good questions. Judging from the court’s decision, the issue isn’t as clear as Redner’s or Cordish claims. Only two of the Amish stalls were in violation of the contract, so you are correct, neither Redner’s nor Cordish probably should have signed it. Moreover, Redner’s failed to prove economic loss, which means that it wasn’t awarded damages. The victors in this were the attorneys, as they always get paid, win or lose.
This strikes me as something that should have been settled in a conference room a few years ago, with Cordish giving Redner’s a more favorable lease for their troubles.
Redner’s is hypocritical when they say that they are a small business who supports our community. This can be seen first hand when we see how they treat the Amish. Instead of raising their own bar they lower it. If Redner’s cannot compete with a handful of Amish vendors then they do not need to be in business. The Amish have brought a level of class to this community which is unprecedented. I would beseech the owner of Redner’s market to let the Amish sell their products. This would only benifet our community. I will not shop at any of Redner’s stores until all of the Amish vendor’s are able to once again. I would urge all of you to join me in this boycott. If Redner’s think they have lost business lets show them how much money they will not see by taking a stand against them.
You need to approach Cordish and demand that Cordish drop the rent costs for Redners to a a level that compensates the difference between having a non-compete clause (which is pretty common by the way) and not having the non-compete. This isn’t Redners fault.
Why isn’t cordish finding a new home for the ousted Amish vendors and paying for their relocation? After all that is their business
This is crazy – the Amish are only open 3 days a week with very limited hours !!! They are taking that much business from Redners?!…shame on Redners —- There is plenty of business for both – I’m apauled! You find me in Redners!! Wish I could help save the Amish market …
I will never buy another thing from Redners…I love the Amish Market, but spent more on everyday items at Redners. Not anymore…I’ll shop at Giant, Safeway, Aldi’s, Shoppers or wherever, rather than Redners…Hope they go out of business…
How is it Redners faut that the Cordish company didnt abide the contract. You would rather support the Amish who run puppy mills and kill dogs when they get too old to breed. Im sure Redners is glad to be rid of your money
Gotta love people that blame Redners for asking that other companies to abide by a CONTRACT
@Idiot – The court already ruled that Redners suffered no economic damage from the presence of the Amish market and that one of the stalls would have to close as a result of the contract dispute.
Maybe the Amish can move into the now closed Pizza Hut and start selling Amish pizza.
It would suit me quite well if the Amish Market would move somewhere close by. I could care less about Redner’s and, based on all of the uproar, I have found myself purposely bypassing Redner’s when I would have stopped because of the convenience. So Redner’s, by their actions, have caused me to inconvenience myself just to avoid them. And I will continue to do so. Who loses? Cordish and Redner’s. The Amish will do quite well somewhere else and I will follow them there when they move.