At about the same time Mr Scarlett received Defence Intelligence Staff experts' view that the way the 45 minute claim was described in the summary should be changed to match the more cautious wording in the text.
In 2009 Judge Miller threw out ERISA claims in the case and granted El Paso summary judgment on the ADEA claim, finding it was barred by the failure of the plaintiffs to file a timely charge of discrimination with the U.S. Equal Employment Opportunity Commission.