Legal Opinion

Spivey v. Southern Co.

District Court, N.D. Georgia

Decided April 19, 2006No. 1:04 CV 1912 RWSPublishedCited by 3 opinions

1Opinion of the Court

ORDER

STORY, District Judge.

Jimmy R. Woods, a former employee of the Southern Company, filed this putative class action in late June, 2004. In his Complaint, he alleged that Defendants violated their duties as ERISA 1 fiduciaries vis-a-vis the Southern Company Employee Savings Plan (the “Savings Plan” or “Plan”) through maintenance of a substantial, ill-fated investment in Mirant Corporation (“Mirant”). Mr. Woods, in particular, alleged that Defendants were aware, or through a reasonable investigation, should have been aware, of scandalous and unlawful activities taking place within the former…

2Cases cited19 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Hickson Corp. v. Northern Crossarm Co.Court of Appeals for the Eleventh Circuit · 2004
  5. Allen v. Tyson Foods, Inc.Court of Appeals for the Eleventh Circuit · 1997

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3Cited by3 opinions

  1. Claxton v. Connecticut General Life InsuranceDistrict Court, S.D. Georgia · 2010
  2. Gentle v. Kohler Co.District Court, N.D. Alabama · 2013
  3. University of North Carolina Health Care System v. ITPEU Health and Welfare PlanDistrict Court, S.D. Georgia · 2022

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