Olsen v. Pratt & Whitney Aircraft case brief

Olsen v. Pratt & Whitney Aircraft (2d Cir 1998)

1. FACTS: Olsen (P) sued former employer, claiming they beguiled him w/ promises of job security into accepting early retirement plan, then fired him soon thereafter. Claimed that document which revoked participation in Vol. Retirement Income Plan was void b/c signed after contractual and statutory period for revocation had expired and that D violated ERISA by breaching the waiver contract. On appeal: only ground is that Trial ct. erred in dismissing common law fraud claim.
2. PRIOR PROCEEDING: Dist. Ct. dismissed fraud claim, saying it was pre-empted by ERISA (Employee Retirement Income Security Act of 1974) claim, P appeals.
3. QUESTION: Did trial ct. err in dismissing P’s common law fraud claim?
4. HOLDING: No. Olsen’s fraud claim fails to satisfy the pleading req’ments of Rule 9(b). P must: detail statements P contends are fraudulent, identify speaker, sate where and when statements were made, explain why the statements are fraudulent. Remanded to permit P one more chance to file a well-pleaded amended complaint.