Mary S. McElroy
How Judge McElroy rules, drawn from 22 signed orders. Every observation links to the order it came from.
How Judge McElroy decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In an insurance-coverage dispute over COVID-19 losses, the judge followed the reasoning of state trial courts and the First Circuit that the mere presence of a virus does not physically alter property in a way that triggers 'direct physical loss or damage' coverage.
“This Court concludes that the Rhode Island Supreme Court would join the overwhelming weight of authority that the presence of a virus does not constitute 'direct physical loss or damage' to property under the Policy.”
Procedural preferences
With a pro se litigant filing repeated piecemeal supplements to a complaint, the judge accepted the existing filings together as the operative pleading once, but required any further changes to come through a single, formal amended complaint going forward.
“No more 'supplements' or 'amendments' will be accepted except in conformance with Fed. R. Civ. P. 15, which requires a formal Motion to Amend, accompanied by a proposed Amended Complaint.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court GRANTS Ms. Sebren's Motion for Partial Summary Judgment with respect to liability on Counts I and II but DENIES summary judgment on all issues related to damages.”
“The Court GRANTS summary judgment to the plaintiff on that portion of counterclaim I that alleges theft of the file and settlement of the case without his permission, and on counterclaims II through VI.”
“The Court DENIES summary judgment on that portion of counterclaim I in which Mr. Harrison seeks a portion of the contingency fee.”
“For the following reasons, the Court GRANTS Great Northern’s Motion to Dismiss. (ECF No. 16.)”
“Mr. Rotondo’s Motion for Default Judgment is premature. ... The Motion for Default Judgment (ECF No. 41) is DENIED.”
“The Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. 9) is DENIED, as the plaintiff has not shown at this point a likelihood of success on the merits.”
“the Plaintiff’s Motion to Reverse the Decision of the Commissioner (ECF No. 10) is GRANTED, and Defendant’s Motion for an Order Affirming the Decision of the Commissioner (ECF No. 13) is DENIED.”
“the Court adopts the R&R (ECF No. 18) in full. The plaintiff’s Motion to Reverse the Decision of the Commissioner (ECF No. 13) is DENIED. The defendant’s Motion the Motion to Affirm the Decision of the Commissioner (ECF No. 16) is GRANTED.”
“the Court GRANTED the States' Motion for TRO (ECF No. 4) on April 3, 2025”
“The defendants' Motions to Dismiss (ECF Nos. 38, 48) are GRANTED.”
“Plaintiff's Motion to Reverse the Decision of the Commissioner (ECF No. 10) is GRANTED and the Defendant's Motion for an Order Affirming the Decision of the Commissioner (ECF No. 11) is DENIED.”
“Mr. Whalen's Motions to Dismiss Defendants' Gleam and Bristol Yacht's Counterclaims ... are DENIED.”
“the Court GRANTS the Defendants' Motion (ECF No. 65) as to Counts II and III. Count I is also DISMISSED WITH PREJUDICE.”
“ORDERED that the Plaintiff States' Motion for a Preliminary Injunction (ECF No. 2) is GRANTED”
“the Court GRANTED the Plaintiffs' Motion for TRO (ECF No. 2) on September 12, 2025”
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