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Gerald E. Rosen , Retired Chief Judge, US District Court for the Eastern District of Michigan

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Judge Gerald E. Rosen, (Ret.), US District Court for the Eastern District of Michigan, is a frequently selected mediator, arbitrator, allocator and neutral evaluator known for resolving high-stakes, business-critical disputes. Since joining JAMS in 2017, Judge Rosen has focused his practice on complex business and commercial litigation, multidistrict litigation (MDL), class actions, antitrust, bankruptcy, intellectual property, securities, False Claims Act, employment, consumer, and other sophisticated matters.

Judge Rosen brings five decades of legal and negotiating experience to every engagement, drawing on a career that few neutrals can match. Before joining JAMS, he served nearly 27 years on the federal bench, including seven years as Chief Judge of the U.S. District Court for the Eastern District of Michigan. Throughout his judicial career, he presided over some of the nation's most significant civil and criminal cases and earned a reputation as one of the country's most accomplished federal settlement judges, successfully guiding parties through some of the most complex and consequential disputes.

Notably, Judge Rosen served as the Chief Judicial Mediator in the City of Detroit's historic Chapter 9 municipal bankruptcy—the largest and most complex municipal bankruptcy in U.S. history. Through innovative mediation and consensus-building, he helped negotiate the landmark "Grand Bargain," resulting in a consensual plan of adjustment that enabled the City to emerge from bankruptcy in less than 17 months. He is the author of Grand Bargain: The Inside Story of Detroit's Dramatic Journey from Bankruptcy to Rebirth, which provides a compelling account of the negotiations and deals that reshaped one of America's great cities.

Prior to his appointment to the federal bench, Judge Rosen was a senior partner at Miller, Canfield, Paddock and Stone, where he represented clients in multifaceted business commercial, employment, constitutional, and securities litigation. He began his professional career, as a legislative assistant in the United States Senate, providing him with a unique understanding of government, public policy, and legislative affairs. Judge Rosen has also represented the United States on many international rule of law initiatives and judicial reform missions.

ADR Experience and Qualifications

Judge Rosen has successfully mediated, arbitrated, and presided over the resolution of thousands of complex disputes in state and federal courts involving Fortune 500 companies, governmental entities, healthcare systems, financial institutions, insurers, manufacturers, educational institutions, and closely held businesses across a broad range of industries and practice areas, including:

  • Allocations
  • Antitrust & Competition
  • Automotive & Manufacturing
  • Bankruptcy (Municipal)
  • Business/Commercial
  • Class Action/Mass Tort
  • Consumer Matters
  • Employment/FMLA
  • ERISA
  • False Claims Act (FCA) Matters
  • FLSA
  • Civil Rights/§1983
  • Healthcare 
  • Intellectual Property
  • Real Property
  • Securities
  • Trusts and Estates
  • Gaming & Casinos

Representative Matters

Antitrust & Competition

  • Mediated a dispute involving minority member oppression, fiduciary duty claims, operating agreement disputes, and contested ownership and control of a closely held company.
  • Mediated a dispute involving the enforceability of a physician noncompete agreement, alleged anticompetitive conduct, contractual severance obligations, and related business tort claims.
  • Presided over an employment and antitrust class action involving allegations of wage suppression among hospital nurses. 
  • Oversaw antitrust litigation involving allegations of anticompetitive conduct in the airline industry related to hidden-city ticketing.

Bankruptcy

  • As Chief Federal Judge, mediated and settled the high-profile landmark municipal bankruptcy, including disputes arising from the City of Detroit's historic Chapter 9 restructuring, involving complex governmental operations, public finance, pension, related water and sewer system litigation. and public infrastructure issues.

Business Commercial

  • Mediated and arbitrated a broad range of complex business/commercial disputes involving breach of contract, breach of guaranty, hotel management agreements, automotive supply chain matters, warranty claims, trademark and copyright infringement, FACTA, and other sophisticated commercial issues.
  • Mediated a business/commercial dispute involving fraud, conversion, and breach of contract claims arising from contested casino winnings and the closure of a gaming account. 
  • Mediated dispute involving a major nationwide supplier involving allegations of breach of a commercial agreement and disputed damages.
  • Arbitrated dispute involving issues of arbitrability and confirmation of arbitration awards arising from contractual relationships.
  • Co-arbitrated in an ICC case involving a breach of contract matter over a complex earn-out provision.

Civil Rights

  • Presided over a federal civil rights action involving allegations of police misconduct, mayoral corruption and municipal liability. 
  • Mediated full consensual resolution of 182 COVID Vaccine rights cases, then allocated the settlement funds for all 182 plaintiffs.

Class Action

  • Mediated a consumer protection dispute involving alleged violations of the Telephone Consumer Protection Act (TCPA), unsolicited text message communications, and related state law claims.
  • Mediated a class action matter involving alleged improper overdraft and non-sufficient funds (NSF) fee practices, including breach of contract, consumer protection, and federal banking law claims. 
  • Presided over a class and collective action involving alleged violations of the Fair Labor Standards Act (FLSA), wage and hour claims, and Rule 23 class allegations.
  • Oversaw a class action involving allegations of workplace sexual harassment, hostile work environment, and employment discrimination at a manufacturing facility.

Construction

  • Mediated a complex construction dispute arising from a major residential development project involving breach of contract, builder's trust fund claims, conversion, and unjust enrichment.

Employment Law

  • Mediated and arbitrated a broad range of employment disputes involving alleged violations of federal and state wage and hour laws, age, race, sex discrimination, sexual harassment, retaliation, wrongful termination, employment contracts, restrictive covenants, trade secrets, noncompetition and non-solicitation agreements, tortious interference, and related business torts. 
  • Presided over an ERISA action involving employee benefits, fiduciary obligations, and federal employment law.

Environmental Law

  • Mediated three complex cases in the energy industry involving mineral rights leasing for oil and gas operations, including contractual and property rights issues. 
  • Mediated a significant environmental dispute involving the continued operation of a major energy pipeline and issues relating to environmental protection, regulatory compliance, and public infrastructure. 
  • Mediated a dispute involving alleged PFAS contamination, personal injury, property damage, and environmental exposure claims.

Federal Law

  • Presided over a notable federal civil rights case involving allegations of unlawful search and seizure, excessive police conduct, and constitutional violations.

Governmental & Public Agency

  • Mediated a civil rights dispute challenging the constitutionality of a municipal policy governing the display of Pride Flags on public property.
  • Allocated settlement funds for over 1,000 claimants in a federal sexual assault case against a major university.

Health Care

  • Mediated a dispute involving a third-party benefits administrator, alleged breach of an employee health plan administration agreement, and disputed healthcare benefit obligations. 
  • Mediated a dispute involving medical providers which provided MRI services, accounts receivable financing, and claims for breach of contract and fraud.

Insurance

  • Mediated an insurance coverage dispute involving property damage claims, policy interpretation, and coverage issues arising from a commercial dock collapse.
  • Mediated many complex insurance disputes involving sophisticated commercial matters.

Intellectual Property

  • Mediated a complex bankruptcy adversary proceeding involving technology companies, intellectual property assets, fiduciary duty, and related commercial claims arising from a Chapter 11 liquidation. 
  • Conducted a Med-Arb proceeding involving complex intellectual property disputes, including copyright and trademark claims.
  • Mediated international patent dispute involving vehicle camera systems.
  • Mediated patent/contract dispute between major university and international pharmaceutical company.
  • Presided over a patent infringement action involving vehicle occupant sensing technology and automotive safety systems.
  • Presided over action involving remote-control garage door opener technology and related intellectual property rights.

International & Cross Border

  • Mediated a complex insurance coverage dispute involving buyer-side representations and warranties insurance issued through the London insurance market in connection with a corporate acquisition.

Mass Tort

  • Mediated numerous cases, including class actions, involving PFOS/PFAS groundwater contamination.
  • Mediated a mass tort involving alleged defective automotive transmissions, with approximately 170 plaintiffs pursuing product liability and related claims against a major automobile manufacturer.
  • Presided over multidistrict product liability litigation involving alleged injuries associated with consumer hair care products.

Personal Injury

  • Mediated a high-profile premises liability dispute involving a major public university and claims arising from a campus mass shooting, including allegations of bodily injury and institutional liability.

Professional Liability

  • Mediated a dispute involving an accounting firm, its professional liability insurer, and underlying tax malpractice claims arising from advisory services.

Real Property

  • Mediated a dispute involving environmental tort claims, property rights, and land use issues. 
  • Presided over a federal eminent domain action involving land acquisition, condemnation, and property rights for a major international bridge project. (“The Ambassador Bridge Case”)

Securities / Mergers & Acquisitions

  • Mediated merger/acquisition dispute during COVID between two of the largest shopping mall owners in the world. 
  • Oversaw multidistrict securities litigation involving shareholder derivative claims, securities fraud allegations, and corporate governance issues. 
  • Presided over a securities class action involving allegations of securities fraud, corporate disclosures, and fiduciary duty claims. 
  • Presided over multidistrict proceedings involving securities fraud, shareholder derivative, and ERISA claims arising from a major corporate restructuring, coordinating complex federal litigation involving corporate governance, fiduciary duties, and disclosure obligations.

Technology

  • Mediated a privacy and consumer protection dispute involving alleged unauthorized disclosure of consumer information in violation of state privacy laws. 
  • Mediated a class action matter involving alleged unauthorized disclosure of consumer subscription information and related statutory privacy claims.
  • Mock trial of an antitrust and competition dispute involving allegations that a major technology company monopolized online search and digital advertising markets.

Gerald E. Rosen

Gerald E. Rosen | JAMS Mediator and Arbitrator

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Honors, Memberships, and Professional Activities

  • Co-Chair, Judicial Evaluation Committee for the U.S. District Court for the Eastern District of Michigan, 1983-1988
  • Adjunct Professor, Evidence:
    • University of Michigan Law School, 2008
    • Wayne State University Law School, 1992-2016
    • University of Detroit-Mercy Law School, 1994-1996
    • Thomas M. Cooley Law School, 2004-2013
  • U.S. Representative, United States Department of State’s Rule of Law Program in Moscow, Russia; Tbilisi, Georgia; Beijing, China; Cairo, Egypt, Hebrew University (Jerusalem); and Malta  
  • Judicial Consultant, United States Departments of State and Justice missions to Thailand and the Ukraine
  • Member, Sixth Circuit Judicial Council, 2009-2015
  • Member, Board of Directors, Federal Judges Association, 1996-2002
  • Member on the Board of Directors of several charitable organizations, including  Focus:  HOPE; the Detroit Symphony Orchestra; the Community Foundation of Southeastern Michigan 
  • Member, Board of Advisors, George Washington University Law School, 2005-Present
  • Member, U.S. Judicial Conference, Committee on Criminal Law, 1995-2001
  • Founding Member, Michigan Intellectual Property Inn of Court
  • Republican Candidate for Congress, Michigan 17th Congressional District, 1982

Selected Publications

Honors and Awards

  • Lifetime Achievement Award, American College of Civil Trial Mediators, 2026
  • Avern Cohn Lifetime Achievement Award, Jewish Bar Organization, 2026 
  • Torch of Learning Award, American Friends of the Hebrew University, 2017
  • Michigan Jewish Sports Hall of Fame 2016   
  • Lifetime Judicial Achievement Award, American Board of Trial Advocates, 2015
  • Dennis W. Archer Award, Detroit Bar Association, 2015
  • Michiganian of the Year, The Detroit News, 2015
  • Hansel Award, State Bar of Michigan, 2015
  • Rolex / ITA Achievement Award (Tennis), 2001

Background and Education

  • United States District Judge, Eastern District of Michigan (Detroit), 1990-2017
    • Chief Judge, 2009-2015
    • Judge by Designation, United States Court of Appeals for the Sixth Circuit, Repeated Appointments; US District Courts; E.D. NY, W.D.Tenn, N.D.Ill, D.N.M., D. Ariz.
  • LL.D., Doctor of Laws, Honoris Causa, Wayne State University, 2015
  • Senior Partner, Miller, Canfield, Paddock and Stone, specializing in commercial, employment, real property, and constitutional litigation, 1979-1990
  • Legislative Assistant, United States Senate, Sen. Robert P. Griffin (R-MI), 1974-1979
  • J.D., George Washington University Law School, 1979
  • B.A., Kalamazoo College, 1973
    • Senior Fellow, Political Science, Kalamazoo College, 1973

Virtual & In-Person Locations

Home Office

  • Detroit, MI

Available to Travel To

  • Boston, MA
  • Chicago, IL
  • Dallas, TX
  • Las Vegas, NV
  • Los Angeles, CA
  • New York, NY
  • San Francisco, CA
  • Washington, DC

Virtual hearings available nationwide

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