Hon. Charles N. Clevert, Jr. (Ret.) joined JAMS after nearly 40 years of distinguished service on the federal bench in the Eastern District of Wisconsin. During his tenure, Judge Clevert presided over a wide range of complex litigation matters, including civil rights and discrimination cases, contract disputes, ERISA litigation, wrongful termination, sexual harassment and retaliation, torts, product liability, securities fraud, and Chapter 11 business reorganizations.
Appointed at the age of 30, Judge Clevert became the youngest federal bankruptcy judge in the country and the first African American federal judge in Wisconsin. He served on the U.S. Bankruptcy Court for the Eastern District of Wisconsin for over 19 years, including 9 years as Chief Judge. He also served on the U.S. District Court for the Eastern District of Wisconsin for over 20 years, including 3 years as Chief Judge.
ADR Experience and Qualifications
Judge Clevert has been a full-time neutral with JAMS since 2017. During his time at JAMS, he has served as an arbitrator and mediator in a diverse range of disputes, encompassing business and commercial matters, class actions and mass filings, employment-related issues such as wrongful termination and discrimination based on various factors including race, sex, religion, age, sexual orientation, national origin, and disability, as well as cases involving insurance and personal injury, including asbestos exposure. Additionally, he has been involved in multiple neutral analysis matters.
Representative Matters
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Bankruptcy
- Selected as an arbitrator in an employment dispute involving a hospital in bankruptcy.
- Chaired tri-partite arbitration involving bankruptcy and alleged professional malpractice.
- Mediated an international bankruptcy dispute claiming malpractice against patent litigation attorneys and issues related to litigation funding.
- Mediated a bankruptcy dispute claiming attorney malpractice, structured settlement proceeds, and guardianship.
- Presided over hundreds of adversary proceedings for the recovery of preferential transfers.
- Presided over numerous motions for relief from the automatic stay in bankruptcy cases.
- Presided over farm bankruptcies.
- Presided over Chapter 11 financing disputes.
- Presided over confirmed Chapter 11 reorganization of an outdoor specialty store where the debtor and creditor’s committee recovered preferences under joint reorganization plan.
- Presided over and ruled on complaint of discharged Chapter 7 debtor who was seeking to force the state to waive his need to demonstrate financial responsibility and reinstate his driving privileges.
- Presided over and decided adversary proceeding where Chapter 11 trustee was sued for recovery of past due rents and taxes owed by the debtor under a triple net lease.
- Presided over bankruptcy of real estate developer with multiple companies, limited partnerships, airplanes, and an offshore shopping center.
- Presided over Chapter 11 of specialty automobile manufacturer.
- Presided over Chapter 11 reorganization of international stereo earphone corporation.
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Business & Commercial
- Arbitrated numerous consumer actions, including alleged violations of the Telephone Consumer Protection Act ("TCPA"), the Truth-in-Lending Act (“TILA”), and the Fair Debt Collection Practice Act (“FDCPA”) as well as violations of state consumer protection laws.
- Arbitrated alleged breach of purchase agreement concerning cryptocurrency.
- Arbitrated violations of state consumer fraud laws in the purchase of vehicles.
- Arbitrated numerous breaches of contracts and deceptive practices disputes involving automobiles, educational and financial institutions.
- Arbitrated numerous disputes between website creators and users of the site involving breach of contract and termination of use.
- Arbitrated dispute between a dating site and a user of the site involving misrepresentation and fraud.
- Chaired tri-partite international arbitration dispute involving royalties.
- Chaired tri-partite arbitration involving a credit union and alleged violation of state financial laws.
- Selected as an arbitrator over a shareholder rights and liability dispute involving attorney client privileges and fraudulent transfers.
- Selected as an arbitrator on multiple disputes involving violation of securities laws and to enforce mediation agreements.
- Selected as an arbitrator for multiple defaulted installment loan disputes.
- Mediation-arbitration of a dispute between former partners involving reimbursement of expenses paid to settle claims.
- Mediated numerous breach of contract disputes.
- Mediated disputes involving hospitals and doctors including religion and national origin discrimination.
- Mediated a dispute between employer and ex-employee involving breach of duty of loyalty, tortious interference with contract and misappropriation of trade secrets.
- Mediated an ecclesiastical dispute.
- Mediated several racial profiling disputes between customers and a financial institutions.
- Mediated a dispute involving violation of prior settlement agreement and sale of infringing tools.
- Mediated an indemnification agreement concerning a patent dispute.
- Mediated a dispute related to a supply agreement for medical products.
- Selected to mediate a management dispute involving an orchestra.
- Neutral analysis of dispute involving contractual indemnification and breach of contract.
- Presided over numerous Fair Credit Reporting Act (FCRA) cases.
- Presided over a case between pharmaceutical companies involving alleged knock-off prescription drug, false advertising, copyright infringement, and tortious interference.
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Civil Rights
- Arbitrated national origin discrimination claim brought by an engineer against automobile manufacturer.
- Arbitrated a dispute against a commercial establishment for sexual harassment of a minor employee.
- Mediated multiple customer claims against a commercial establishment for discrimination and unlawful detention.
- Mediated a dispute in a prison involving police brutality during a custodial interrogation.
- Mediated a dispute against municipality involving a wrongful conviction.
- Mediated a wrongful death claim against a municipality in the wake of a police shooting.
- Neutral analysis involving civil rights claims of police official against municipality.
- Presided over cases involving alleged wrongful conviction.
- Presided over numerous cases of alleged police brutality.
- Presided over multiple cases of alleged racial profiling.
- Presided over a case invalidating a state statute which prohibited certain medical treatments for transgender inmates.
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Class Action & Mass Tort
- Selected as an arbitrator on disputes involving violation of federal and state securities laws.
- Arbitrated disputes involving wage claims of food service workers.
- Mediated mass filing cases respecting bank customer claims.
- Mediated and arbitrated claims pursuant to the Armstrong World Industries Asbestos Trust and DII Asbestos Trust, national bankruptcy trust asbestos-related injury claims.
- Mediated construction class action matter involving racial and gender discrimination claims by truck drivers against their employer.
- Mediated class actions brought under the Telephone Consumer Protection Act (TCPA).
- Presided over numerous class action collection lawsuits.
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Employment Law
- Arbitrated numerous claims of wrongful termination.
- Arbitrated a racial discrimination dispute between a retailer and a human resources employee.
- Arbitrated claims of wrongful discharge under the Federal Rail Safety Act (FRSA).
- Arbitrated multiple employment cases involving alleged discrimination based on race, sex, religion, age, sexual orientation, national origin, disability, and COVID-19 vaccination.
- Arbitrated claims under Title VII for sexual harassment, racial discrimination, and retaliation as well as termination of employment between an employee and a commercial establishment.
- Arbitrated multiple employment claims under the Americans with Disabilities Act (ADA).
- Arbitrated multiple disputes between employees and a bank concerning unpaid wages and business expenses.
- Arbitrated claims of wrongful termination and under the Family and Medical Leave Act (FMLA).
- Arbitrated multiple cases involving alleged violations of the Fair Labor Standards Act (FLSA) and state wage and hour laws.
- Arbitrated disputes involving claims of employees sharing tips.
- Arbitrated wrongful termination claims of employees against aerospace companies.
- Mediation-arbitration between an employee and securities company concerning wage, and race and gender discrimination claims under Section 1981 and Title VII.
- Mediated multiple employment cases involving alleged discrimination based on race, sex, religion, age, sexual orientation, and disability.
- Mediated a nationwide class action lawsuit for claims violations of the Fair Labor Standards Act (FLSA), wage and hour laws, and racial discrimination and retaliation under Title VII on behalf of current and former financial advisor trainees against a financial institution.
- Mediated hospital employee claims of hostile work environment, racial harassment, and race discrimination by employer.
- Mediated employment contract dispute for racial discrimination and withholding sales bonus.
- Mediated claims of disparate treatment of a female executive in the food industry regarding the terms and condition of employment.
- Mediated retaliation and sexual harassment claims of a female employee in the beverage industry.
- Neutral analysis of racial discrimination claims a union’s hiring system prevented African Americans from obtaining employment and benefits.
- Neutral analysis of sex and national origin discrimination claims against a company by a female executive.
- Neutral analysis of class action claims against an international industrial company for breach of fiduciary duty under the Employee Retirement Income Security Act of 1974 (ERISA) due to misrepresentation and concealment of a new employee benefit and executive compensation.
- Presided over cases of alleged wrongful termination under the Family and Medical Leave Act (FMLA) and retaliation.
- Presided over multiple cases involving alleged violations of the Fair Labor Standards Act (FLSA) and state wage and hour laws.
- Presided over a case involving denial of claims under self-insured health benefits plan.
- Presided over a case involving sexual harassment claims of a female construction worker.
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Environmental Law
- Mediated claims seeking cost recovery under The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) involving paint products.
- Mediated insurance coverage dispute concerning environmental contamination matters at dry-cleaning sites.
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Mediated a dispute involving mining operations, environmental contamination, and remediation.
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Presided over a case involving highway demolition, construction, and potential ground water contamination in a landfill area.
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Presided over a case involving claims of adverse environmental impact of protected species and a river from highway demolition and construction.
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Governmental & Public Agency
- Arbitrated a dispute involving landlord code violations and tax foreclosure by a municipality
- Served as a Court Appointed Special Master in protracted litigation with a municipality involving real estate.
- Neutral analysis of dispute involving a city agency and government official.
- Presided over a case involving alleged unwarranted shooting of an animal.
- Presided over cases involving eminent domain.
- Presided over cases involving construction of cellphone towers.
- Presided over a pension case involving public employees.
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Health Care
- Arbitrated a dispute involving hospital and health insurer concerning payment of transplant and other high-dollar claims.
- Mediated a defamation and tortious interference contract dispute between a hospital and medical doctor.
- Mediated a religious and national origin discrimination dispute involving a health care provider and medical doctor.
- Mediated an equal rights dispute between a medical facility and an employee.
- Presided over cases involving gender identification disorder.
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Insurance
- Mediated an insurance coverage dispute related to a death resulting from a mining accident.
- Mediated insurance claims involving the cost of remediating ground contamination.
- Presided over a case brought by a doctor against an insurance company for failure to pay a disability claim.
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Intellectual Property
- Chaired a tri-partite arbitration business dispute between partners involving misappropriation of software and unfair competition.
- Mediated a dispute involving misappropriation of trade secrets and confidential customer information, and unfair competition.
- Mediated a dispute involving theft of trade secrets and tortious interfere with business relations related to adhesives.
- Presided over patent litigation between competitors regarding hay bailers.
- Presided over patent infringement case involving a prostate treatment device.
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Maritime Admiralty
- Mediated a dispute involving the purchase and sale of a ship.
- Presided over a case involving the arrest of a yacht for a maritime claim.
- Presided over a case involving alleged defective marine paint on a vessel.
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Personal Injury
- Mediated and arbitrated claims pursuant to the Armstrong World Industries Asbestos Trust and DII Asbestos Trust, national bankruptcy trust asbestos-related injury claims.
- Mediated claims against a municipality related to the use of unreasonable deadly-force by a police officer to apprehend a suspect.
- Mediated a dispute involving assault and battery of a handcuffed suspect by a police officer.
- Mediated a dispute involving assault and battery and wrongful arrest of a customer by a restaurant security guard.
- Presided over litigation involving injuries resulting from the collision of a motorcycle with a school bus.
- Presided over a case regarding alleged defamation and invasion of privacy related to the publication of editorial and news articles respecting religious matters.
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Product Liability
- Neutral analysis of product liability claims involving paint.
- Presided over a case involving a kitchen appliance fire.
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Professional Liability
- Arbitrated and mediated multiple legal malpractice claims against attorneys.
- Arbitrated a legal malpractice claim and contingent fee dispute related to patent litigation and issues of litigation financing.
- Mediated a dispute regarding the mishandling of a structured settlement by attorneys for a disabled person under a guardianship.
- Presided over multiple lawsuits alleging legal malpractice by attorneys.
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Real Estate & Real Property
- Presided over copyright cases regarding housing plans.
- Presided over eminent domain cases.
- Presided over zoning cases involving multi-family housing.
- Presided over zoning cases involving commercial property.
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Securities
- Mediated FINRA claims regarding unsuitable and misrepresented investments.
- Presided over a case regarding broker misrepresentation of investments of public employee pension funds.
- Presided over a putative class action involving an alleged scheme to deceive and defraud purchasers of a publicly traded security.
- Presided over litigation involving alleged insider trading.
Honors, Memberships, and Professional Activities
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
- Admissions
- Wisconsin Supreme Court
- U.S. District Court for the Eastern District of Wisconsin
- U.S. Court of Appeals for the Seventh Circuit
- Professional Memberships
- Fellows of the Wisconsin Law Foundation; President
- Wisconsin Bar Association
- Milwaukee Bar Association
- Wisconsin Association of African American Lawyers
- Seventh Circuit Bar Association
- National Bar Association, Judicial Council
- American Bar Association
- House of Delegates
- Commission on the American Jury
- Executive Committee, National Conference of Federal Trial Judges,
- Board of Directors, Justice at Stake
- Board Memberships
- Dispute Resolution Section, Wisconsin Bar Association
- Thomas E. Fairchild American Inn of Court, Co-Founder; President
- National Conference of Bankruptcy Judges; President
- National Conference of Federal Trial Judges
- American Bankruptcy Institute
- American Judicature Society
- Local Education Agency, Inc.
- Financial and Debt Counseling Service
- Milwaukee Council on Alcoholism and Drug Dependency, f/k/a Milwaukee Council on Alcoholism
- Anvil Housing Corporation
- Milwaukee Forum
- Paralegal Advisory Board, Milwaukee Area Technical College
- Past Committees and Other Professional Activities
- Committee on the Budget, Judicial Conference of the United States
- Commission on the Delivery of Legal Services, Wisconsin State Bar
- Federal Judicial Center Lecturer
- Endowment for Education, National Conference of Bankruptcy Judges; Chair, 1992–1993
- Bankruptcy Judges Advisory Committee, Administrative Office of U.S. Courts
- Lecturer, General Practice, Debtor/Creditor Law, University of Wisconsin Law School
- Selected Honors and Awards
- Life Fellow, American Bar Foundation
- Life Fellow, Wisconsin Law Foundation
- Honoree, Milwaukee Times Black Excellence Award
- Distinguished Alumnus, Davis & Elkins College
- Fellow, American College of Bankruptcy
- Myron L. Gordon Lifetime Achievement Award and Nathan A. Fishbach Founders Award, Eastern District of Wisconsin Bar Association
Background and Education
- United States District Judge, Eastern District of Wisconsin, 1996–2017
- United States Bankruptcy Judge, Eastern District of Wisconsin, 1977–1996
- Assistant United States Attorney, Eastern District of Wisconsin, 1975–1977
- Special Assistant United States Attorney, Northern District of Illinois, 1977
- Assistant District Attorney, Milwaukee County, Wisconsin, 1972–1975
- Law Clerk, Law Enforcement Assistance Administration, Washington, DC, 1972
- Georgetown University Law Center, J.D., 1972
- Davis & Elkins College, Elkins, West Virginia; B.A., History and Political Science, 1969