R. Joseph Barton

Tel: (202) 734-5458 | Email: jbarton@bartondownes.com

  • California

    District of Columbia

    First Circuit Court of Appeals

    Second Circuit Court of Appeals

    Third Circuit Court of Appeals

    Fourth Circuit Court of Appeals

    Fifth Circuit Court of Appeals

    Seventh Circuit Court of Appeals

    Eighth Circuit Court of Appeals

    Ninth Circuit Court of Appeals

    Tenth Circuit Court of Appeals

    Eleventh Circuit Court of Appeals

    Southern District of California

    Central District of California

    Northern District of California

    Eastern District of California

    District of Colorado

    District for the District of Columbia

    Northern District of Illinois

    District of Maryland

    Eastern District of Michigan

    District of Nebraska

    District of North Dakota

    Northern District of Texas

    Western District of Texas

    Eastern District of Wisconsin

    Western District of Wisconsin

  • College of William & Mary, Marshall-Wythe School of Law (J.D. 2000), Order of the Coif

    Lawrence W. I’Anson Award for outstanding student scholarship, character and leadership

    William B. Sprong Award for professionalism and ethics

    Robert R. Kaplan Award for excellence in legal writing

    Order of the Barristers

    Editorial board of the William & Mary Law Review

    Staff member of the William & Mary Bill of Rights Journal

    Member of the William & Mary National Trial Team

    College of William & Mary (B.A. 1991), History and minor in Classical Studies

  • KPC ESOP Litigation: Mr. Barton was co-lead class counsel challenging the price at which the ESOP purchased stock from the prior owner and obtained settlements of over $9 million on behalf of the Class.

    Wawa ESOP Litigation: Mr. Barton was co-lead class counsel challenging Wawa’s forced liquidation of former ESOP participants and obtained a settlement of $25 million on behalf of the Class.

    Rainbow ESOP Litigation: Mr. Barton was co-lead class counsel challenging the sale of stock by an ESOP that involved payments to management insiders and obtained a settlement of $7.9 million on behalf of the Class.

    Chesemore v. Alliance Holdings, Inc. (W.D. Wis.): Mr. Barton was lead trial counsel in this class action that challenged a complex transaction involving Trachte ESOP and the Alliance ESOP on behalf of Trachte employees; litigation led to remedies of $17.2 million (plus prejudgment interest), a decision then affirmed by the Seventh Circuit.

    Severstal Wheeling Inc. Ret. Comm. v. WPN Corporation (S.D.N.Y.): Mr. Barton was lead trial counsel representing the fiduciaries of two pension plans suing their former investment manager; obtained a judgment for plaintiffs of over $15 million, a decision then affirmed by the Second Circuit.

    Ahrens. v. UCB Pension Plan (N.D. Ga.): Mr. Barton was co-lead class counsel representing participants challenging the calculation of their benefits and alleged overpayment.  Obtained a class settlement of $5.5 million which was 60% of claimed benefits.

    Slipchenko v. Brunel (S.D. Tex.): Mr. Barton was lead counsel in this class action involving the failure to properly pay COBRA benefits and obtained the largest per class member settlement in any reported COBRA class action matter.

    Simpson v. Fireman’s Fund Insurance Company (N.D. Cal.): Mr. Barton represented a class of employees alleging that FFIC’s policy of terminated persons on disability violated the discrimination provisions of ERISA and obtained a settlement restoring their right to benefits for a period of years and reimbursement of past expenses.

    Various Litigation involving ESOPs:‍ Mr. Barton has litigated and is litigating several private ESOP cases, including the Jeld-Wen ESOP, the Tharaldson Motels, Inc. ESOP, and the Azon Corporation ESOP.

    Mehling v. New York Life Ins. Co. (E.D. Pa.): Mr. Barton litigated one of the earliest class actions challenging the prudence of investment and fees of the pension and 401(k) plans sponsored by New York Life Insurance Company.  Settlement of $ 14 million

    Mr. Barton provided an expert opinion on the scope of ERISA in a European case, Deminor International & all v/ Ageas/ BNP Paribas Fortis / Merrill Lynch International, Court of Commerce of Brussels, Chamber 14°, Docket numbers: R.G. n°A/10/00744, R.G. n° A/12/05781, R.G. n° A/12/09039 & R.G. n° A/12/09035.

    Served as counsel to Independent Fiduciary of Plans in connection with negotiation and settlement of claims involving securities lending.

  • Tuten v. United Airlines (D. Col.): Mr. Barton was Lead Class Counsel in a USERRA action alleging violations in connection with United Airlines’ failure to provide pilots their full pension contributions during periods of military leave; the settlement for 100 percent of actual damages. The court described the outcome as “outstanding, worthy of being emulated by class representatives and counsel in other comparable litigation.”

    Allman v. American Airlines (D. Mass.): Mr. Barton was Lead Class Counsel in action alleging USERRA and ERISA violations that American Airlines pilots who took leave to serve in the United States Armed Forces did not receive the full amount of pension contributions they were entitled to receive during their period of military leave; the settlement was for 100 percent of actual damages.

    Martin, et al. v. Washington State Patrol, et al. (Sup. Ct. Wash.): Mr. Barton was Co-Lead Class Counsel on behalf of Washington State Troopers alleging that the Washington State Patrol failed to provide military veterans with veterans preference when such veterans applied to become state troopers or applied for a promotion. The Washington State Patrol agreed to a settlement of $13 million in back wages and another $2 million for lost retirement contributions, plus non-monetary relief.

    Bush v. Liberty Life Assurance Co. (N.D. Cal.): Mr. Barton was Lead Class Counsel on behalf of a class of participants whose long term disability benefits were reduced by the amount of benefits provided through the Department of Veterans Affairs; Liberty Life agreed to return 60% of the monies imposed as offsets and to cease imposing such reductions/offsets.

  • In re High Fructose Corn Syrup Antitrust Litigation (C.D. Ill.): Member of a team engaged in intensive trial preparations for a suit alleging price-fixing by manufacturers; settlement of more than $500 million.

    In re Mercedes-Benz Antitrust Litigation (D.N.J.): Argued and obtained summary judgment on an issue of first impression that established that lessee-plaintiffs had standing to sue as direct purchasers under the federal antitrust laws. Obtained settlement of horizontal and vertical price fixing claims of $17.5 million, or 50% of actual damages after defeating Defendants’ summary judgment motions shortly before trial.

    Wilcox v. Swapp Law (E.D. Wash): Co-lead Class Counsel in Driver’s Privacy Protection Act litigation alleging use and sale of driver’s license information in accident reports; successfully settled after obtaining class certification and defeating two motions to dismiss.

    In re Physician Corporation of America Securities Litigation (S.D. Fla.): Represented class of investors in a securities fraud case involving a publicly traded company.

    Lipper Convertibles: Represented a class of limited partners in a defunct hedge fund against outside auditor (SDNY) and also against managers in arbitration before American Arbitration Association

    In re MCI Securities Litigation (D.D.C.): Represented class of investors in a securities fraud case involving a publicly traded company.

    Avery v. Uniroyal Technology Corp., (M.D. Fla.): Represented a small class of former Sterling shareholders who received Uniroyal stock in a merger.

  • Author, “Putting Military Leave on Equal Footing”, Trial Magazine (January 2024)

    Author, "Untangling the Arbitration Knot in ERISA Cases," Trial Magazine (August 2022)

    Author, “Defending Servicemembers from Forced Arbitration,” Trial Magazine (June 2018)

    Author, “Client Deposition Preparation,” Trial Magazine (Aug 2017)

    Author, “Ensuring Rights Under USERRA § 4316(d) are Afforded a Remedy, AAJ Federal Tort Liability & Advocacy Newsletter (July 2016)

    Author, “Navigating the Unfriendly Skies of ERISA Reimbursement,” Trial Magazine (2014)

    Author, “Determining the Meaning of ‘Direct Evidence’ in Discrimination Cases Within the Eleventh Circuit: Why Judge Tjoflat was (W)right,” 77 Fla.B.J. 42 (2003)

    Author, “Drowning in A Sea of Contract: Application of the Economic Loss Rule to Fraud and Negligent Misrepresentation Claims,” 41 Wm. & Mary L. Rev. 1789 (2000)

    Author, “Utilizing Statistics and Bellweather Plaintiff Trials: What do the Constitution and the Federal Rules of Civil Procedure, Permit?” 8 Wm. & Mary Bill Rts. J. 199 (1999).

    Speaker on ERISA, USERRA, Class Actions or Civil Procedure at numerous ABA conferences (including the ABA Employee Benefits Committee, the ABA Joint Committee on Employee Benefits, and ABA Labor & Employment Section) and conferences by the American Conference Institute, Defined Contribution Institutional Investments Association (DCIIA), National Employment Lawyers Association (“NELA”), the American Association of Justice (“AAJ”) and others. For a full list, see LinkedIn.

    Current Plaintiffs’ Co-Chair of the Civil Procedure Subcommittee for the ABA Employee Benefits Committee (2012 to Present).

    Current member of the Programming Committee for the ABA Employee Benefits Committee, which is responsible for all of the planning for the Committee’s Midwinter conference (2015 to Present).

    Advisory Board, Employee Benefits Law360 (2019 to 2021)

    Current member of the Publications Committee for the AAJ, which oversees the selection and review of articles for AAJ’s award winning magazine, Trial (2013 to present).

    Former Co-Chair of the American Association of Justice (AAJ) Class Action Litigation Group (2014 to 2016).

    Former Chair of the Employment Rights Section of the AAJ (2013 to 2014).

R. Joseph Barton, the Managing Partner of the Firm has over two decades of experience handling a diverse array of complex and class litigation. Mr. Barton has a Martindale-Hubbell AV Preeminent Rating, has been selected every year since 2013 as a Washington, D.C. Super Lawyer, has a 10.0 rating from Avvo, and is listed in the Marquis’ Who’s Who in America as well as Who’s Who in American Law.

Since 2001, Mr. Barton has handled a wide variety of employee benefit (i.e. ERISA) cases.  He has been trial counsel in four ERISA cases.  He was lead trial counsel in a case challenging a complex transaction involving the Trachte ESOP and the Alliance ESOP on behalf of a class of employees of Trachte, Chesemore v. Alliance Holdings, Inc., No. 3:09-cv-00413 (W.D. Wis.).  In that case, Mr. Barton obtained favorable trial decisions on a liability and remedies of more than $17 million (plus prejudgment interest) for the Class which was affirmed by the Seventh Circuit.  In Severstal Wheeling Inc. Ret. Comm. v. WPN Corporation, No. 10-cv-954 (S.D.N.Y.), Mr. Barton was lead trial counsel representing the fiduciaries of two pension plans suing their former investment manager for improper investments and obtained a judgment for plaintiffs of over $15 million which was affirmed by the Second Circuit. Mr. Barton is also counsel for Plaintiffs in Intel Corporation Investment Policy Committee v. Sulyma, in which the Supreme Court issued a unanimous opinion in favor of Plaintiffs that set forth the meaning of actual knowledge under ERISA.

Since 2012, Mr. Barton has handled some of the largest USERRA cases on behalf of servicemembers. Mr. Barton was lead counsel in cases representing classes of pilots at American Airlines and United Airlines and obtained settlements on behalf of pilots that provided 100% of actual damages for the airlines’ failure to provide proper retirement contributions when the pilots took military leave. Mr. Barton is also co-lead counsel for the class in several cases that have set new favorable precedent for servicemembers under USERRA § 4316, including Clarkson v. Alaska Airlines, Inc. (9th Cir. 2023), Travers v. Federal Express Corp. (3d Cir. 2021) and White v. United Airlines (7th Cir. 2021).

After graduating law school, Mr. Barton served as a judicial law clerk to the Honorable Lenore C. Nesbitt, United States District Judge for Southern District of Florida. Mr. Barton considers pro bono representation an important part of his practice and has represented clients in actions concerning their employer’s failure to pay wages and/or overtime.