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The University of Texas System v. Ochoa

A university appeals the denial of its plea to the jurisdiction regarding a motion filed to recover attorneys' fees. The university's election to initiate this suit — that sought judicial review of the administrative determination of a workers' compensation claim — had no effect on its immunity from claims for attorneys' fees. The district court's order is reversed and rendered. Austin Court of Appeals, No. 03-11-00596-CV, 12-21-201

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OPINION

Gloria Ochoa was injured while working for her employer the University of Texas System (the “University”). After sustaining the injury, Ochoa sought disability benefits and initiated an administrative review of her claim. At the conclusion of the administrative proceeding, the hearing officer concluded that Ochoa was disabled, and the University sought judicial review of the administrative determination. Some time after filing suit, the University filed a notice of non-suit in the case. In response, Ochoa filed a motion seeking recovery for attorney’s fees that she had incurred. Subsequent to Ochoa filing her motion, the University filed a plea to the jurisdiction contending that Ochoa’s attorney’s fees claims were barred by sovereign immunity. After conducting a hearing, the district court denied the University’s plea. The University appeals the district court’s ruling. We will reverse the district court’s ruling and render judgment dismissing Ochoa’s claims for want of subject-matter jurisdiction.

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