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Nancy Gertner

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Nancy Gertner
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Current Court Information:
District of Massachusetts
Title:   Former Judge
Position:   Seat #3
Appointed by:   Bill Clinton
Active:   2/14/1994 - 5/22/2011
Senior:   5/22/2011 - 9/1/2011
Preceded by:   A. David Mazzone
Succeeded by:   Timothy Hillman
Personal History
Born:   1946
Hometown:   New York, NY
Undergraduate:   Barnard College, B.A., 1967
Law School:   Yale Law, J.D., 1971
Grad. School:   Yale U., M.A., 1971
Nancy Gertner (b. 1946) was a federal judge for the United States District Court for the District of Massachusetts. She joined the court in 1994 after an appointment from Bill Clinton.[1] She assumed senior status on May 22, 2011 and she retired on September 1, 2011.[2][1]

Early life and education

Born in New York City, New York, Gertner graduated with a bachelor's degree from Barnard College in 1967 and later received both her Master's and Juris Doctor degree from Yale in 1971.[1]

Professional career

Gertner was a law clerk for Judge Luther Swygert for the Seventh Circuit Court of Appeals from 1971 to 1972. Gertner was a private practice attorney in Massachusetts from 1972 to 1994. Gertner served as an Instructor at Boston University School of Law from 1972 to 1984 and again from 1987 to 1990. Gertner was a visiting Professor at Harvard Law School from 1985 to 1986.[1]

Judicial career

Judge Gertner's appearance on Legally Speaking - 2011

District of Massachusetts

On the recommendation of U.S. Senators John Kerry and Ted Kennedy, Gertner was nominated to the United States District Court for the District of Massachusetts by President Bill Clinton on October 27, 1993 to a seat vacated by David Mazzone. Gertner was confirmed by the U.S. Senate on February 10, 1994 on Senate vote and received commission on February 14, 1994.[3] She assumed senior status on May 22, 2011. She assumed senior status on May 22, 2011 and she retired on September 1, 2011.[1] She was succeeded to this post by Timothy Hillman.

Notable cases

Mitt Romney case (2009)

     United States District Court for the District of Massachusetts (Monahan v. Romney, et al, No. 09-2458)

Judge Gertner cleared former Massachusetts Governor Mitt Romney in a wrongful termination case in which the former Chairman of the Massachusetts Civil Service Commission sued the former Governor. The judge ruled in favor of the former Governor saying that William Monahan, the former Civil Service Commission chairman, voluntarily resigned and forfeited his right to due process in his actions. This came after Romney testified in a hearing that an aide approached Monahan to resign but offered him to help find another job.[4]

Fair use download case (2009)

     United States District Court for the District of Massachusetts (Sony BMG Music Entertainment v. Tenenbaum, No. 10-1947)

Judge Gertner presided in a highly publicized civil trial in which a Massachusetts college student was sued for illegal music downloading.[5]

Capital Records sued Joel Tannenbaum over illegally downloading music on Kazaa, a music sharing program.[5] Tannenbaum was represented by Harvard Law professor Charles Nesson, who was critical of the major record companies unfairly targeting young people in lawsuits.[5]

On December 7, 2009, Judge Gertner signed off on a $675,000 jury verdict after a jury found Tannenbaum liable for illegal downloading.[6]

See also

External links


Federal judicial offices
Preceded by:
David Mazzone
District of Massachusetts
Seat #3
Succeeded by:
Timothy Hillman

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