Jennifer C. Boal
How Judge Boal decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a motion to dismiss, Boal will deny dismissal of a putative class action and reject a parallel demand for a more definite statement where the complaint's allegations are adequate -- she does not require the heightened specificity defendants often seek at the pleading stage.
“I recommend that the District Court deny the Defendants' motions to dismiss and for a more definite statement.”
Procedural preferences
Boal is reluctant to certify questions of state law to the Massachusetts SJC where she can resolve the issue and grant summary judgment on existing law -- a litigant hoping to forestall an adverse MSJ via a certification motion should not count on it.
“this Court recommends ... that she grant Supervalu's motion for summary judgment (Docket No. 62) and deny the Estate's motion to certify questions of law to the SJC (Docket No. 78).”
Cautions
Statutory pre-suit notice requirements are enforced at the pleading stage: a plaintiff who fails to ALLEGE that the required written notice was given risks Rule 12(b)(6) dismissal of the claim.
“Here, Butler does not allege that he provided Shire with written notice retaining his right”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Motions to dismiss N = 2 |
Granted: 1Denied: 1 | counts only |
| Summary judgment N = 2 |
Granted: 1Denied: 1 | counts only |
| Motion to certify question N = 1 |
Denied: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“this Court recommends to the District Judge to whom this case is assigned that she grant Supervalu's motion for summary judgment (Docket No. 62)”
“and deny the Estate's motion to certify questions of law to the SJC (Docket No. 78).”
“For the foregoing reasons, I recommend that the District Court deny the Defendants' motions to dismiss and for a more definite statement.”
“this Court recommends that the District Court deny Bear Hill's [motion for summary judgment]; ... judgment should be denied.”
“For the foregoing reasons, this Court recommends that the District Judge assigned to this case grant the defendants' motion to dismiss.”