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Home / Opinion Digests / Employment Law / 4th Cir.: Rule 9 particularity applies to fraud-based defenses (access required)

4th Cir.: Rule 9 particularity applies to fraud-based defenses (access required)

An employer’s collective bargaining impasse rights did not override its ERISA obligations to employees hired post-impasse. The employer also didn’t plead its fraud-dependent affirmative defenses with sufficient particularity. Background Appellant Just Born II Inc. and the Bakery, Confectionary and Tobacco Workers International Union were parties to a Collective Bargaining Agreement that required Just Born to contribute to ...