Employees Retirement System of Texas v. Duenez

in which Chief Justice JEFFERSON, Justice O’NEILL, Justice MEDINA, Justice GREEN, and Justice WILLETT joined.

The curious question in this case is whether a state agency can demand dismissal of its own claim in court because it failed to exhaust administrative remedies in front of itself. The Employees Retirement System of Texas (“ERS”) asserts a subrogation claim against former member Xavier Duenez and his family, seeking reimbursement of funds it paid their healthcare providers. After the claim was filed in court, ERS sought to dismiss it because it had exclusive jurisdiction of its own…