Recently, the Second Circuit became the latest circuit refusing to enforce individual arbitration of an ERISA class action, joining the Third, Seventh, and Tenth Circuits. The Ninth Circuit, by contrast, has held that class action ERISA claims brought on behalf of plans are subject to individual arbitration, with relief limited to the individual plaintiff’s claims.
Sung Cheol Sam Park
Sam Park is an associate in the Chicago, Illinois, office of Jackson Lewis P.C. and a member of the firm’s ERISA Complex Litigation group.
Sam’s practice focuses on defending employers, fiduciaries, plan sponsors, and other defendants in complex class action and individual plaintiff ERISA matters. He has experience representing clients in 401(k) and 403(b) fee claims, individual disability benefits claims, ESOP disputes, ERISA Section 510 claims, claims involving church plans, FEGLIA claims, and other claims for breach of fiduciary duties. Sam also provides preventive advice and counseling for employers in ERISA matters. As a client centric advocate, he is committed to ensuring the vitality and integrity of the employer sponsored pension and welfare social safety net.
While attending the University of California, Irvine School of Law, Sam received the Dean’s Merit Scholarship, the Stars of the Future Scholarship, and Pro Bono High Honors. He also served as the Vice-Chairperson of the Student Bar Association, the President of OutLaw, and a member of the Experian/Jones Day Moot Court.
Prior to joining Jackson Lewis, Sam litigated cases at both the trial and appellate levels of state and federal courts on behalf of Fortune 500 companies at a boutique firm specializing in ERISA litigation.
SCOTUS Declines Review of Fourth Circuit ERISA Surcharge Ruling
The U.S. Supreme Court recently declined to hear Rose v. PSA Airlines, Inc., Case No. 23-734, which raised the question of whether a remedy known as “surcharge” falls under ERISA’s equitable remedies provision. Surcharge, in simple terms, resembles monetary damages. Historically, courts used it to address losses resulting from a trustee’s breach of duty…