The Barton Firm LLP

04/28/2026

R. Joseph Barton of The Barton Firm LLP, along with Matt Wessler of Gupta Wessler LLP and Bailey Glasser LLP have filed the opening brief at the Supreme Court challenging the Intel fiduciaries' decision to to adopt—and then maintain for years—an investment strategy that allocated billions of dollars of the assets of two defined contribution plans—a 401k plan and a profit sharing plan to poorly performing and costly investments—primarily hedge funds and private equity. Argument is not set but is expected in the fall.

Former Intel employees urged the U.S. Supreme Court to revive their suit alleging their employee 401(k) savings were dragged down by underperforming investments, arguing the Ninth Circuit's requirement that allegations of subpar funds also include a meaningful benchmark for comparison didn't align w...

01/06/2026

Notice of the $2 million class action settlement on behalf of a class of former employees--participants in the United Bank Corp ESOP was sent to class members in December. The Barton Firm and Barnes Law Group filed the lawsuit for two former employees in September 2024 and the Court certified a class of ESOP participants and preliminarily approved a $2 million settlement in November 2025. The $2 million settlement represents an average gross recovery of $27,200 per class member and 43% of what Class Counsel calculated as the maximum loss. The lawsuit alleges that former employees had their ESOP shares involuntarily liquidated their United Bank shares for less than fair market value.

A Georgia federal court has handed initial approval to United Bank Corp.'s $2 million settlement agreement resolving a class action claiming it unlawfully ousted former workers from an employee stock ownership plan and cut them out of proceeds from a $23.3 million dividend.

12/02/2025

The Barton Firm is Co-Lead Counsel in a class action on behalf of a class of Southwest Airlines employees who took short-term military leave, in which Southwest has agreed to pay $18.5 million for past leaves and provide 10 days of paid military leave annually to employees going forward. Over 2,700 class members will receive on average $4,400 as part of the settlement. This is one of the largest USERRA settlements. The Court held a hearing on preliminary approval on the settlement on November 20, 2025 with an order expected in December.

Southwest Airlines Co. will fork over $18.5 million to end a proposed class action from workers who alleged the company's handling of short-term military leave violated a federal military nondiscrimination law, according to filings in California federal court.

11/04/2025

A San Francisco TV station recently covered a landmark class action settlement reached by clients of The Barton Firm and Outten & Golden with the City and County of San Francisco on behalf of a class of current and former City employees who took military leave. The lawsuit alleged that the City had violated USERRA and State and Local laws protecting servicemembers in at least nine different ways. As the Court found on preliminary approval, the settlement “effectively provide[s] all Class Members entitled to monetary relief or benefits with the maximum relief they would likely have been able to recover at trial (except for the potential of liquidated damages)” and requires the City to “make prospective changes to its policies and procedures to bring them into compliance with the law.” More information about the settlement is available at https://sfuserrasettlement.com/.

07/08/2025

The Washington Supreme Court unanimously answered "yes" to a certified question from the Ninth Circuit in a lawsuit where The Barton Firm is co-counsel for Travis Bearden a servicemember alleging the City of Ocean Shores, Washington, violated USERRA and and the state's paid military leave law.

Congrats to co-counsel Thomas Jarrard who argued at the Washington Supreme Court.

Read more at:

Washington state public employees are entitled to paid military leave even if they are not scheduled to work because they are on active duty during an extended military leave of absence, the state's Supreme Court ruled Thursday, saying the state's paid military leave statute is unambiguous.

06/03/2024

Joseph Barton will present at the Defined Contribution Institution Investment Association Public Policy Forum at the Litigation Update on June 4, 2024 in Washington D.C.

12/19/2023

R. Joseph Barton and his sponsor Paul Secunda at the 2023 American College of Employee Benefits Counsel induction of new fellows.

11/09/2023

Barton & Downes is proud to announce that R. Joseph Barton was inducted into The American College of Employee Benefits Counsel on Saturday November 4, 2023. The ACEB is a non-profit organization that recognizes employee benefits attorneys who have dedicated their careers to the field of employee benefits and who in doing so have demonstrated their leadership, character, ability and professional responsibility. ACEB Fellows have a minimum of 20 years experience and have been selected as Fellows based on their significant contributions to the advancement of the employee benefits field. Joseph Barton’s ACEB profile can be found here:

R. Joseph Barton, American College of Employee Benefits Council. R. Joseph Barton is a Partner at Barton & Downes LLP, a litigation firm that focuses primarily on employee benefits and veterans/servicemember rights.

11/08/2023

Barton & Downes is proud to be one of the sponsors of the Metropolitan Employment Lawyers Association (MWELA) Annual Reception on November 8, 2023. Look forward to seeing colleagues there.

Join us at CUBA LIBRE for our 2023 Annual Reception to benefit MWELA’s programming and mission of advancing employee rights. Your sponsorship and registration will help fund MWELA’s educational programs, networking events, and provide scholarships to allow members to attend the MWELA 2024 Annual...

07/14/2023

R Joseph Barton is honored to be re-appointed to the AAJ Publications Committee which oversees the publication of Trial Magazine on which he has served since 2011.

07/07/2023

The E.D. Wash. recently certified a class of UPS drivers who were not provided pay during periods of short-term military leave and appointed Barton & Downes as Co-Lead Class Counsel.

A Washington federal judge granted class status to a lawsuit claiming United Parcel Service Inc. refuses to pay drivers on short-term military leave while providing pay to those who take time off for jury duty, bereavement and other short-term absences.