Howard J Bashman

February 09, 2015 | The Legal Intelligencer

Effective March 2, petitions for allowance of appeal filed in the Pennsylvania Supreme Court, and answers to such petitions, will be subject to a 9,000-word limit. At present, no word limit applies to this most frequently employed method for seeking discretionary review of rulings issued by Pennsylvania's intermediate appellate courts.

By Howard J. Bashman

6 minute read

January 13, 2015 | The Legal Intelligencer

Although we are fewer than two full weeks into the new year, 2015 already promises to be a memorable year for appellate developments. Both the U.S. Supreme Court and the Supreme Court of Pennsylvania are assured to appear frequently in the headlines this year, albeit for different reasons. Significant proposed amendments to the Federal Rules of Appellate Procedure will be the subject of public consideration and may move closer to implementation. And at least two significant appellate-related books are scheduled for publication in 2015.

By Howard J. Bashman

5 minute read

January 12, 2015 | The Legal Intelligencer

Although we are fewer than two full weeks into the new year, 2015 already promises to be a memorable year for appellate developments. Both the U.S. Supreme Court and the Supreme Court of Pennsylvania are assured to appear frequently in the headlines this year, albeit for different reasons. Significant proposed amendments to the Federal Rules of Appellate Procedure will be the subject of public consideration and may move closer to implementation. And at least two significant appellate-related books are scheduled for publication in 2015.

By Howard J. Bashman

5 minute read

December 09, 2014 | The Legal Intelligencer

Recently, I finally took the time to sign up to participate in appellate e-filing in Pennsylvania's state appellate courts. Appellate e-filing is currently only available in the Commonwealth Court and the Supreme Court of Pennsylvania. It is not yet available in the Superior Court of Pennsylvania, but it is expected to become available there soon.

By Howard J. Bashman

7 minute read

November 11, 2014 | The Legal Intelligencer

On Jan. 20, Tom Wolf is set to be sworn in as Pennsylvania's new governor. Wolf will then have the ability to nominate two individuals to serve on the Supreme Court of Pennsylvania through the end of 2015, assuming that his nominees receive the necessary two-thirds confirmation approval vote from Pennsylvania's Senate.

By Howard J. Bashman

6 minute read

October 14, 2014 | The Legal Intelligencer

Postponing an appellate oral argument can be difficult or easy, depending on the circumstances. Because few resources exist on this subject, perhaps several experiences in this regard from my own appellate practice may prove useful and informative to others.

By Howard J. Bashman

7 minute read

September 09, 2014 | The Legal Intelligencer

Attorneys who practice in the Pennsylvania state appellate courts have recently had to adjust to a considerable reduction in the maximum permissible length of appellate briefs. Under the old rules, the maximum length of a party's principal brief was 70 pages of 12-point type, which translated to approximately 17,500 words, assuming an average of 250 words of text per page. Under the new rules, which are now in effect, a party's principal brief is limited to only 14,000 words in 14-point type. The reduction in size of principal briefs from the old rule to the new was 20 percent.

By Howard J. Bashman

6 minute read

August 12, 2014 | The Legal Intelligencer

Circuit splits--cases in which two different federal appellate courts reach conflicting decisions on the meaning or constitutionality of a provision of federal law--make up the bulk of the U.S. Supreme Court's caseload, and such splits arise quite frequently. Yet last month, on July 22, something happened that observers of federal appellate court rulings rarely, if ever, see: Two federal appellate courts issued conflicting decisions that day on an identical question of first impression concerning the lawfulness of federal health benefit exchanges established to facilitate the purchase of insurance under the Patient Protection and Affordable Care Act in states that did not create their own exchanges.

By Howard J. Bashman

7 minute read

July 16, 2014 | New Jersey Law Journal

Analysis of how cases involving the Third Circuit fared at the U.S. Supreme Court in the 2013-14 term.

By Howard J. Bashman

7 minute read

July 08, 2014 | The Legal Intelligencer

In the U.S. Supreme Court's recently concluded 2013-14 term, the high court issued 67 signed opinions. In two of those cases, the high court decided cases on review directly from the U.S. Court of Appeals for the Third Circuit. Unfortunately, in both of those cases, the Third Circuit's judgment was reversed.

By Howard J. Bashman

7 minute read