Nancy Gertner
Judge Gertner no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Gertner decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
She is a rigorous Daubert gatekeeper who tailors the permissible scope of expert testimony rather than admitting or excluding it wholesale. In a bank-robbery prosecution she allowed a handwriting examiner to describe similarities between samples but barred any opinion on ultimate authorship, while admitting defense expert testimony on the reliability of eyewitness identification. A party offering expert proof should frame the opinion to the limits of the discipline's demonstrated reliability, not to an ultimate conclusion the method cannot support.
“I GRANTED the motion in part: I did not permit the handwriting expert to make any ultimate conclusions on the actual authorship of the questioned writing.”
She applies the reliability standard even-handedly to both sides, excluding a party's expert regardless of who offered the challenge. In a gender-discrimination case she granted motions to exclude both the plaintiff's and the defendants' proffered experts while allowing a third whose methodology was sound. Counsel should expect their own experts held to the same scrutiny they urge against the opponent's.
“I grant the motions to exclude the testimony of plaintiffs expert Dr. Huntoon and defendants' expert Dr. Britt.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Defendants' Motion to Dismiss (document # 42) is DENIED”
“defendant Bogdan's motion to dismiss [document # 13] as to Counts II and III of the Complaint — for failure to disclose evidence and conspiracy — is hereby DENIED. Counts IV and VI of the Complaint — for malicious prosecution under federal and state law — are hereby DISMISSED”
“The respondent's motion to dismiss with respect to the statute of limitations (document # 19) is DENIED.”
“I hereby GRANT plaintiffs' Motion for Leave to Amend and DENY defendants' Motions to Dismiss both the initial and Proposed Second Amended Complaint.”
“The defendant's motion is therefore DENIED.”
“GRANT the motions to dismiss filed by Azcuy and SEI, with the exception of the § 93A claims, which will be stayed pending the outcome of the government's FCA and AKA claims against DRC.”
“I DENY the government's motion to dismiss (document # 9), and GRANT the relief sought by plaintiffs.”
“CHA's motion to dismiss is GRANTED IN PART and DENIED IN PART”
“Because I find that the remaining allegations are either time-barred or insufficient to state a claim, I GRANT the motion to dismiss (document #43) and DENY the motion to amend (document # 75).”
“the Respondent's Motion to Dismiss (document #4) is DENIED.”
“I GRANT in part and DENY in part Defendant's Motion for Summary Judgment”
“I DENY Plaintiffs Motion for Summary Judgment”
“Accordingly, I GRANT partial summary judgment for the Museum on the suddenness issue, DENY summary judgment on all other aspects of the claims between U.S. Fire and the Museum, and GRANT summary judgment for ACE as against U.S. Fire.”
A historical record
Judge Gertner no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.