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Rule 9

May 2, 2018

Labor & Employment – Rule 9 particularity applies to fraud-based defenses

An employer’s collective bargaining impasse rights did not override its ERISA obligations as to employees hired post-impasse. The employer nevertheless sought judgment on the pleadings, but did not 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 [...]

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