Howard J Bashman

September 05, 2006 | Law.com

In this commentary, attorney Howard J. Bashman examines a recent 5th Circuit ruling that resolved an Establishment Clause challenge to a monument that a Christian charity erected on the grounds of a state civil courthouse in Texas. Although other courts have examined the constitutionality of religious displays on courthouse property, the case decided by the 5th Circuit presents some unusual issues that have not been resolved by the U.S. Supreme Court's Ten Commandments decisions, Bashman writes.

By Howard J. Bashman

7 minute read

April 13, 2009 | The Legal Intelligencer

Because counting intervening weekends and holidays for time periods of fewer than 11 days will often have the effect of shortening the time available, the federal appellate rules are also being amended in various instances to increase the specified number of days for taking action.

By Howard J. Bashman

6 minute read

March 13, 2006 | Law.com

Conservative commentators erupted in glee after the U.S. Supreme Court last week unanimously rejected a coalition of law schools and law professors' First Amendment challenge to the Solomon Amendment, which governs military recruiters' access to university campuses. But attorney Howard J. Bashman writes that, when a case is litigated as a matter of principle, even an 8-0 loss can represent a measure of success in the court of public opinion.

By Howard J. Bashman

7 minute read

April 12, 2011 | The Legal Intelligencer

To preserve issues for appeal following either a jury or nonjury trial in Pennsylvania state court, it is necessary to file a timely post-trial motion. On March 18, the Superior Court of Pennsylvania issued a ruling that some may view as delivering a harsh and costly appellate waiver lesson for Genuardi's Family Market and its trial counsel.

By Howard J. Bashman

5 minute read

August 12, 2008 | Law.com

When must the party that won in the trial court file a cross-appeal to ensure that issues decided adversely to that party will be subject to review on appeal? The traditional answer to that question is that if the party that prevailed in the trial court seeks to enlarge its rights in the trial court's judgment, then the prevailing party must file a cross-appeal in order to do so.

By Howard J. Bashman

8 minute read

April 03, 2006 | Law.com

The federal appellate courts are split over the issue of whether lawyers who will argue an appeal should receive advance notice as to which three judges have been assigned to the oral argument panel. Despite attorneys' seemingly universal preference for learning judges' identities beforehand, judges in some circuits have been able to enforce their preference against advance disclosure. Attorney Howard J. Bashman considers whether this is an area for which a uniform rule should be adopted.

By Howard J. Bashman

10 minute read

October 22, 2007 | Law.com

At the federal appellate court level, efforts to implement a rule permitting citation to unpublished and non-precedential opinions relied on persuasion and logic. However, state courts may need a bit more persuading. Appellate litigator Howard J. Bashman examines one apparent pocket of resistance through the lens of a recent lawsuit.

By Howard J. Bashman

5 minute read

July 10, 2006 | The Legal Intelligencer

The U.S. Supreme Court, in its just-completed term, issued a total of 69 signed opinions in argued cases. Three of those cases reached the Supreme Court directly from the 3rd U.S. Circuit Court of Appeals, and in all three instances the 3rd Circuit suffered reversals.

By Howard J. Bashman

8 minute read

April 30, 2007 | National Law Journal

Concerns about free speech ordinarily lead courts to refrain from prohibiting, in advance, the dissemination of libelous speech or defamatory remarks. But there's an exception to everything. In this commentary, appellate litigator Howard J. Bashman looks at a recent decision that found judges can, in some instances, enjoin individuals from repeating statements that were declared defamatory at trial.

By Howard J. Bashman

5 minute read

December 08, 2008 | The Legal Intelligencer

On Dec. 15, the 3rd U.S. Circuit Court of Appeals in Philadelphia will begin requiring that attorneys file nearly all documents electronically.

By Howard J. Bashman

8 minute read