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Toomey v. DeMoulas Super Markets, Inc., et al.
Case No. 1:19-cv-11633 (D. Mass.)


On July 30, 2019, we filed a lawsuit on behalf of participants in the DeMoulas (Restated) Profit Sharing Plan and Trust (the “Plan”). The lawsuit alleges that the Plan’s fiduciaries (the Defendants in the case) violated the Employee Retirement Income Security Act (ERISA) by failing to act in the interest of Plan participants and beneficiaries. 

Among other things, the lawsuit alleges that Defendants breached their fiduciary duties by using an overly-conservative investment strategy that was not properly designed to help participants meet their retirement objectives, and by imprudently using low-yielding money market instruments and products with excessive fees to execute that strategy. If you believe you may have been shortchanged as a result of the alleged mismanagement of the Plan, please contact Sean Kelly, our Class Action Clerk, by phone at (612) 256-3275 or by email at

The lawsuit seeks to recover the Plan’s financial losses and obtain injunctive and other equitable relief. For a copy of the Complaint, click here.

Case Updates

  • April 23, 2020

    Market Basket Update

    On April 16, 2020, the Court ruled in favor of plaintiffs, denying Defendants’ motion to dismiss in full. As a result, the claims made by plaintiffs are allowed to continue. To read the full order, click here.

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