R. Joseph Barton
Tel: (202) 734-5458 | Email: jbarton@thebartonfirm.com
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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
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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
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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.
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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.
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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.
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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 is a partner at Barton & Downes LLP in Washington, D.C., where his practice focuses primarily on employee benefits and veterans/servicemember rights. With more than two decades of experience, he has handled a wide range of complex and class action employee benefits litigation matters involving ERISA fiduciary breaches and claims related to various types of benefit plans. Mr. Barton has represented clients in significant litigation involving defined benefit pension plans, 401(k) plans, employee stock ownership plans (ESOPs), profit-sharing plans, health plans, disability plans, severance plans, and life insurance plans. He is also a frequent speaker, author, and contributor to professional organizations focused on employee benefits and litigation.
R. Joseph Barton’s legal practice is focused on complex employee benefits litigation, including ERISA claims involving fiduciary duties, retirement plans, health plans, and other employee benefit arrangements. He has extensive litigation experience in federal courts and has served as trial counsel in multiple ERISA matters, including class actions and complex fiduciary breach cases, and other employment cases.
Mr. Barton has received numerous professional recognitions, as a Fellow of the American College of Employee Benefits Counsel (which requires a minimum of 20 years' experience, nomination by two members, approval by the Board that a nominee has made significant contributions to the advancement of the employee benefits field and is generally recognized by his or her peers for expertise in the field and intellectual excellence), a Martindale-Hubbell AV Preeminent Rating, recognition as a Washington, D.C. Super Lawyer since 2013, a 10.0 rating from Avvo, and inclusion in Marquis’ Who’s Who in American and in American Law. He has served in leadership positions at the American Bar Association’s Employee Benefits Committee, and the American Association for Justice (AAJ).
Mr. Barton is actively involved in legal organizations dedicated to employee benefits, employment rights, and litigation. Since January 1, 2025, he has been the Plaintiffs’ Chair of the Board of Editors for the ABA treatise Employee Benefits Law (3d ed.), which is published by BNA, and that position is the most senior Plaintiff-side Editor position. Between 2012 and 2024, he served as Plaintiffs’ Co-Chair of the Civil Procedure Subcommittee for the American Bar Association Employee Benefits Committee as an author and editor for Chapter 12, Civil Practice & Procedure, of the treatise Employee Benefits Law. Between 2015 and 2024, he was a 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. For many years, he has served on the Publications Committee for the American Association for Justice, overseeing article selection and review for the organization’s magazine, Trial. Additionally, he has served as Co-Chair of the AAJ Class Action Litigation Group and Chair of the AAJ Employment Rights Section. Mr. Barton is a frequent speaker at conferences sponsored by organizations including the American Bar Association, American Association for Justice, American Conference Institute, Defined Contribution Institutional Investment Association, and National Employment Lawyers Association.
Since 2001, Mr. Barton has litigated complex ERISA and employee benefits matters involving fiduciary breach claims, retirement plans, and other benefit arrangements. He has served as trial counsel in five ERISA cases, including two class actions and two complex fiduciary breach cases, as well as other employment cases. As lead trial counsel in Chesemore v. Alliance Holdings, Inc., he represented a class of Trachte employees in litigation involving ESOP transactions and obtained favorable trial decisions awarding more than $17 million plus prejudgment interest, which was affirmed by the Seventh Circuit. In Severstal Wheeling Inc. Ret. Comm. v. WPN Corporation, he served as lead trial counsel for pension plan fiduciaries and obtained a judgment exceeding $15 million, which was affirmed by the Second Circuit. He has also provided expert opinions on the scope of ERISA in international litigation, including a case before the Court of Commerce of Brussels, and continues to advise and advocate in complex employee benefits disputes.