THE LAMPO GROUP, LLC, d/b/a RAMSEY SOLUTIONS, a Tennessee Limited Liability Company, Plaintiff/Counter-defendant, v. MARRIOTT HOTEL SERVICES, INC., a Delaware Corporation, Defendant/Counter-plaintiff., 2021 U.S. Dist. LEXIS 148824

Summary

HOLDINGS: [1]-To the extent a limited liability company's (LLC) motion for judgment on the pleadings was premised on a For Cause Clause, it would be denied because there was a factual dispute as to whether a hotel actually engaged in the triggering event upon which the LLC sought to premise its termination, and the triggering event as alleged did not fall within the scope of the For Cause Clause; [2]-Assuming that the pandemic was the force majeure upon which the LLC's termination was premised, there was a question of fact as to whether it waived its ability to terminate based on that event because it did not give timely notice; [3]-The pleadings did not establish that use of the hotel facilities was rendered illegal by the pandemic and the restrictions associated with it because requiring guests to wear masks did not render the use of any of the facilities illegal.