Howard J Bashman

February 18, 2008 | The Legal Intelligencer

Although the next wave of significant proposed amendments to the Federal Rules of Appellate Procedure are not likely to go into effect until December 2009, it is an appropriate time to focus on the details of these changes. The deadline for public comment

By Howard J. Bashman

5 minute read

March 19, 2007 | The Legal Intelligencer

The U.S. Supreme Court's recent 5-4 ruling in Philip Morris USA v. Williams, overturning a $79.5 million punitive damages award in favor of the widow of a deceased smoker, received an understandably upbeat reception from the nation's business commu

By Howard J. Bashman

4 minute read

August 06, 2007 | The Legal Intelligencer

One of the great things about appellate litigation is that even after nearly 18 years in practice, sometimes a fascinating procedural issue that I have never contemplated will present itself in an appeal on which I am working.

By Howard J. Bashman

5 minute read

August 13, 2007 | Law.com

Amid a general trend of more records becoming available online, appellate litigator Howard J. Bashman notes the high and low points of federal courts' willingness -- or apparent lack thereof -- to provide complete, low-cost, easily accessible information on the Web.

By Howard J. Bashman

4 minute read

April 07, 2008 | The Legal Intelligencer

Opinions from appellate judges disagreeing over the outcome of a case may make for riveting reading, but there's one circumstance where such opinions are pointless: when the ruling under review is being affirmed by an evenly divided appellate court. Never

By Howard J. Bashman

5 minute read

March 26, 2007 | The Legal Intelligencer

Perhaps owing to the nation's Puritanical origins, in the United States we love to legislate about sex — even sex between consenting adults or between consenting adults and inanimate objects.

By Howard J. Bashman

4 minute read

February 04, 2008 | The Legal Intelligencer

Statistically speaking, when a case is headed to appeal, it's preferable to be the attorney for the party that won in the trial court. That's because appellate courts affirm trial court rulings far more frequently than they reverse them.

By Howard J. Bashman

7 minute read

October 01, 2007 | Law.com

Very early in their careers, lawyers typically learn the disadvantages of preparing appellate briefs by committee, and how to overcome related problems. Unfortunately, writes litigator and commentator Howard J. Bashman, the problem of having more than one oral advocate per side on appeal is not as easily surmounted.

By Howard J. Bashman

4 minute read

October 08, 2007 | Law.com

Buried within the Court Security Improvement Act of 2007 there lies a section with the less than enticing title "Miscellaneous Provisions." But that scintillating phrasing aside, there is where things begin to get interesting, writes Howard J. Bashman.

By Howard J. Bashman

4 minute read

June 16, 2008 | The Legal Intelligencer

To preserve certain issues for appellate review after a civil trial, it is necessary to file post-trial motions. The need to file post-trial motions to preserve certain issues for appeal applies, to varying degrees, in both the Pennsylvania state court sy

By Howard J. Bashman

5 minute read