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

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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 skelly@nka.com.

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.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Read full Disclaimer.