law-administrative-law-agency-authority | ultra vires claims as exceptions to governmental immunity |
statutory construction | declaratory judgment claims |
ERS of Texas v. Duenez, No. 07-0410 (Tex. Jul 3, 2009)(Brister) (agency exclusive jurisdiction
doctrine does not apply to subrogation claim brought by ERS against former plan participant)
EMPLOYEES RETIREMENT SYSTEM OF TEXAS v. XAVIER DUENEZ AND IRENE DUENEZ;
from Calhoun County; 13th district (13-05-00729 CV, ___ SW3d ___, 04-05-07 Opinion below)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court dismisses the petition for want of jurisdiction.
Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice
Medina, Justice Green, and Justice Willett joined.
Justice Hecht delivered a dissenting opinion. (arguing nonjusticiability)
Justice Wainwright delivered a dissenting opinion, (in which he would hold that the Texas Legislature gave
ERS exclusive jurisdiction over the subrogation dispute), in which Justice Johnson joined.
Igal v. Brightstar Information Tech Group. Inc., No. 04-0931(Tex. May 2, 2008)
(Texas Pay Day Act claim, res judicata, claim preclusion based on agency ruling)
The Court's opinion of December 7, 2007 is withdrawn and the opinion of this date is substituted.
The dissenting opinion by Justice Brister and the judgment, issued December 7, 2007, remain in