Radha Pathak secures Eleventh Circuit ERISA reversal in Drummond v. Southern Company Services

Over the last two years, our partner Radha Pathak has argued seven appeals in the Second, Fifth, Sixth, Ninth, and Eleventh Circuits — and has now prevailed in every one of those cases.

Today, the Eleventh Circuit reversed and remanded in Drummond v. Southern Company Services. The decision is especially significant because this is the second appellate victory for ERISA participants in actuarial-equivalence suits. Earlier this year, the Sixth Circuit ruled in favor of participants in Reichert v. Kellogg, which Radha also successfully argued, alongside Lou Bograd of Motley Rice in the companion case of Watt v. FedEx.

Together, these victories break new ground on a core issue that had never previously been decided by a federal court of appeals: whether pension plans may rely on outdated or unrealistic actuarial assumptions when calculating married participants’ benefits.

An extraordinary run of appellate advocacy. Congratulations to Radha and the entire team behind these important victories.

Press Coverage:

11th Circ. Restores Mortality Table Case Against Energy Co., Law360 (May 26, 2026) (subscription required)