The David Green D.D.S., P.A. Profit Sharing Plan (the “Plan”) is an employee pension plan and a defined contribution plan that was established either on January 1, 2007 or January 1, 2009 (based on various versions of the Plan Document). Dr. David Green is the owner of David Green, D.D.S., P.A. (“Green P.A”), a Florida profit corporation providing dental care, and is the Trustee and Fiduciary of the Plan. The Second Amended Complaint alleges that Dr. Green, as the Trustee and Fiduciary of the Plan, breached his fiduciary duties in the management of the Plan including by secretly establishing the Plan without informing or providing necessary notice to employee-participants. The Complaint also alleges that Dr. Green engaged in prohibited transactions and self-dealing in Plan assets by causing the Plan to purchase life insurance and then sell that same policy to himself for under fair market value. The Complaint alleges that the Plan fiduciaries engaged in an improper termination process. The Complaint also alleges a claim against Dr. Green’s wife, Deborah Green, for participating in fiduciary breaches and prohibited transactions through her receipt of a distribution from the Plan despite not meeting the eligibility requirements to be a participant of the Plan.

This lawsuit is brought on behalf of the following Class:

All participants, who are or have been vested, in the David Green, D.D.S., P.A. Profit Sharing Plan and who were non-highly compensated employees and the beneficiaries of such participants.

Excluded from the Class are: Dr. Green, Mrs. Green, any members of Dr. and Mrs. Green’s family, and beneficiaries of the foregoing and non-natural persons (e.g. entities) that were purportedly participants in the plan.

Plaintiff filed a Second Amended Complaint on December 22, 2025. Defendants filed motions to dismiss which were on August 18, 2026. Defendants answered the Second Amended Complaint by September 8, 2026.

Dental Office Secret Retirement Plan Lawsuit Gets Green Light, Bloomberg Law – August 19, 2026

Order Denying Defendants’ Motion to Dismiss – August 18, 2026

Second Amended Complaint – December 22, 2025