Nancy Gertner

How Judge Gertner rules, drawn from 31 signed orders. Every observation links to the order it came from.

Judge Gertner no longer sits on this court. This profile is preserved as a historical record of how they ruled here.

Court
U.S. District Court for the District of Massachusetts
Position
District judge
Status
Retired 2011
Served
1994–2011
Appointed by
Bill Clinton (Democratic)
Commissioned
February 14, 1994
Education
Barnard College, Columbia University, B.A. (Political Science), 1967; Yale University, M.A. (Political Science), 1971; Yale Law School, J.D., 1971
Signed orders read
31

About Judge Gertner

Nancy Gertner was a judge of the United States District Court for the District of Massachusetts. Appointed by President William J. Clinton, Judge Gertner received a commission on February 14, 1994. Judge Gertner assumed senior status on May 22, 2011 and retired on September 1, 2011.

How Judge Gertner decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In a bank robbery prosecution, Gertner limited the government's handwriting expert to comparing features of samples and barred an ultimate opinion on authorship. She also admitted defense testimony about eyewitness identification.

“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.”

In a gender discrimination suit, Gertner excluded the plaintiff's proposed medical expert and the defendants' proposed expert because their testimony would not help the jury evaluate the discrimination claim. She admitted a different expert's social framework testimony, which left the ultimate discrimination question to the jury.

“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.

Chao v. Ballista
· 2009-07-01
Motions to dismiss (defendant) Denied

“the Defendants' Motion to Dismiss (document # 42) is DENIED”

Charles v. City of Boston
· 2005-03-29
Motions to dismiss (defendant) Granted in part

“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”

Herbert v. Dickhaut
· 2010-03-19
Motions to dismiss (defendant) Denied

“The respondent's motion to dismiss with respect to the statute of limitations (document # 19) is DENIED.”

In re Biopure Corp. Derivative Litigation
· 2006-03-28
Motions to dismiss (defendant) Denied

“I hereby GRANT plaintiffs' Motion for Leave to Amend and DENY defendants' Motions to Dismiss both the initial and Proposed Second Amended Complaint.”

Payne v. Goodyear Tire & Rubber Co.
· 2002-11-07
Motions to dismiss (defendant) Denied

“The defendant's motion is therefore DENIED.”

United States v. Dynamics Research Corp.
· 2006-07-17
Motions to dismiss (defendant) Granted in part

“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.”

Yong Tang v. Chertoff
· 2007-06-26
Motions to dismiss (defendant) Denied

“I DENY the government's motion to dismiss (document # 9), and GRANT the relief sought by plaintiffs.”

Norceide v. Cambridge Health Alliance
· 2011-08-28
Motions to dismiss (defendant) Granted in part

“CHA's motion to dismiss is GRANTED IN PART and DENIED IN PART”

United States ex rel. Deering v. Physiotherapy Associates, Inc.
· 2009-03-10
Motions to dismiss (defendant) Granted

“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).”

Sengkeo v. Horgan
· 2009-11-24
Motions to dismiss (defendant) Denied

“the Respondent's Motion to Dismiss (document #4) is DENIED.”

VIP Mortgage Corporation v. Bank of America
· 2011-02-11
Summary judgment (defendant) Granted in part

“I GRANT in part and DENY in part Defendant's Motion for Summary Judgment”

Summary judgment (plaintiff) Denied

“I DENY Plaintiffs Motion for Summary Judgment”

Peabody Essex Museum, Inc. v. United States Fire Insurance
· 2009-03-31
Summary judgment (plaintiff) Granted in part

“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.”

Pending matters in the official report

Judge Gertner was last listed in the Civil Justice Reform Act report as of March 31, 2025.

Motions pending more than six months0
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years0
ReportMotions over six monthsCases over three years
Mar 202500
Sep 202400
Mar 202400
Sep 202300
Mar 202300
Sep 202200
Mar 202200
Sep 202100
Mar 202100
Sep 202000

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

A historical record

Judge Gertner no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.