Howard J Bashman

December 04, 2023 | The Legal Intelligencer

Welcome, humans. This is artificial intelligence speaking. Howard has asked me to write this month's column because he is still celebrating his recent Pennsylvania Supreme Court win on the issue of venue. He is also busy reminiscing about all the noteworthy cases he had the privilege of briefing and arguing this year, including his first U.S. Supreme Court oral argument, which remarkably The Legal Intelligencer had failed to cover, even though the case originated in Philadelphia and was decided by the Third Circuit.

By Howard J. Bashman

6 minute read

October 09, 2023 | The Legal Intelligencer

At the end of the day, I remain skeptical concerning whether a formal moot court for a typical intermediate appellate court oral argument is worth the time, effort, and expense that it would entail. But it surely is incredibly worthwhile in preparing for a U.S. Supreme Court oral argument.

By Howard J. Bashman

6 minute read

September 11, 2023 | The Legal Intelligencer

Recently, legal news outlets have been reporting on a far less happy situation regarding a 96-year-old judge serving on the U.S. Court of Appeals for the Federal Circuit who is facing disciplinary proceedings for being too old and infirm to stay current with her workload.

By Howard J. Bashman

7 minute read

August 07, 2023 | The Legal Intelligencer

Of the seven cases that involved the Third Circuit, the Supreme Court sided with the Third Circuit's approach four times while disagreeing with the Third Circuit's approach the remaining three times.

By Howard J. Bashman

6 minute read

July 10, 2023 | The Legal Intelligencer

This month's column will summarize three cases: the one case on direct review from the Pennsylvania Supreme Court and the two cases on direct review from the Third Circuit. Then, next month column will focus on the five cases in which the U.S. Supreme Court resolved circuit splits in which the Third Circuit was implicated on one side or the other.

By Howard J. Bashman

6 minute read

June 12, 2023 | The Legal Intelligencer

Whether you handle appeals regularly or infrequently, busy attorneys are bound to eventually encounter the situation where an appellate court has scheduled an oral argument for a date on which the attorney has a conflicting obligation. What remedies might be available to the attorney facing such a conflict?

By Howard J. Bashman

6 minute read

May 08, 2023 | The Legal Intelligencer

Now that many of us are still reeling in shock following the U.S. Court of Appeals for the Third Circuit's recent announcement that it has adopted a 5 p.m. electronic filing deadline, even after receiving so many unfavorable comments that convincingly debunked and refuted every rationale offered for the rule change, let's go back to a somewhat happier time when at least some appellate rule changes were for the better.

By Howard J. Bashman

7 minute read

April 03, 2023 | The Legal Intelligencer

I would urge the calm, cool, and collected approach as one that is likely to be more successful than an approach that simply seeks to steamroll any impediment that might stand in one's way as the result of tough questioning from the judges.

By Howard J. Bashman

6 minute read

March 06, 2023 | The Legal Intelligencer

Do we need courts to structure their deadlines so that bosses are incapable of ruining the lives of their employees, or can we assume that at least to some degree bosses won't want to ruin the lives of their employees because they would like to continue to have employees who are willing to work with them?

By Howard J. Bashman

6 minute read

January 30, 2023 | The Legal Intelligencer

"The rule is paternalistic because it seems to envision a scenario where some male attorney is toiling away in the office, and his evil bosses are conspiring to make him work until midnight, depriving him of the ability to be home in time for dinner with his wife and children," appellate attorney Howard Bashman writes.

By Howard J. Bashman

6 minute read