This morning the Texas Supreme Court granted review in HMC Hotel Properties II Limited Partnership and Host Hotels & Resorts, Inc f/k/a Host Marriott Corporation and Host Hotels & Resorts L.P. f/k/a Host Marriott L.P. v. Keystone-Texas Property Holding Corporation (No. 12-0289). Earlier this year the Court denied review, but today reinstated Marriott’s petition for review and scheduled oral argument for 9 a.m. on February 4, 2014.
TCJL has filed two amicus briefs in support of Marriott in this matter, the first urging the Court to grant the petition for review and a second brief in support of the motion for rehearing. TCJL and its co-amicus TXOGA argue that the San Antonio Court of Appeals decision to uphold a $60 million jury verdict for tort and punitive damages in a dispute over the interpretation of a contract blur the line between contract and tort and introduce significant uncertainty into Texas law. We are pleased that the Court has reconsidered its earlier decision and will hear argument in the case.