Legal Opinion
Tomlinson v. El Paso Corp.
Court of Appeals for the Tenth Circuit
Decided August 11, 2011No. 10-1385PublishedCited by 24 opinions
1Opinion of the Court
LUCERO, Circuit Judge.
In this putative class action, Wayne Tomlinson, Alice Ballesteros, and Gary Muckelroy appeal the dismissal of their claims against El Paso Corporation and the El Paso Pension Plan (collectively “El Paso”) brought under the Age Discrimination in Employment Act (“ADEA”) and the Employee Retirement Income Security Act (“ERISA”). 1
Plaintiffs’ claims concern “wear-away periods” that occurred during El Paso’s transition to a new pension plan. They contend that the wear-away periods violate the ADEA’s prohibition on age discrimination and the anti-backloading and notice…
2Cases cited19 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Auer v. RobbinsSupreme Court of the United States · 1997
- Smith v. United StatesCourt of Appeals for the Tenth Circuit · 2009
- CIGNA Corp. v. AmaraSupreme Court of the United States · 2011
14 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Morris v. City of Colorado SpringsCourt of Appeals for the Tenth Circuit · 2012
- Chilcoat v. San Juan CountyCourt of Appeals for the Tenth Circuit · 2022
- Johnson v. Meriter Health Services Employee Retirement PlanCourt of Appeals for the Seventh Circuit · 2012
- Holmes v. Colorado Coalition for the Homeless Long Term Disability PlanCourt of Appeals for the Tenth Circuit · 2014
- Jamal Kifafi v. Hilton Hotel Retirement PlanCourt of Appeals for the D.C. Circuit · 2012
19 more not listed; retrieve them via the Exa API.