May 26, 2026
The Eleventh Circuit on Tuesday reinstated a proposed class action against a Southern Co. subsidiary from married retirees who said outdated life expectancy data caused them to lose out on benefits, holding that a lower court erred in ruling federal benefits law didn’t require using reasonable actuarial assumptions in annuity conversions.
In a 67-page opinion by U.S. Circuit Judge Robin S. Rosebaum, a three-judge panel reversed a Georgia federal court’s 2024 decision dismissing the Employee Retirement Income Security Act suit led by ex-workers William Drummond and Richard Odom and remanded the case for further proceedings.
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The retirees are represented by Michelle C. Yau and Daniel R. Sutter of Cohen Milstein Sellers & Toll PLLC, by Peter K. Stris, Radha (Rachana) Pathak and Douglas Geyser of Stris & Maher LLP and by John T. Sparks Sr. of Austin & Sparks PC.
Read 11th Circ. Restores Mortality Table Case Against Energy Co..