Howard J Bashman

December 06, 2021 | The Legal Intelligencer

The focus here will be on the significant practical issues that will arise if the court in June 2022, or sooner, announces that it has overruled Roe and Casey and how the court could address those issues in a way that was most faithful to fairly returning the subject of abortion regulation to the people through the legislative process.

By Howard J. Bashman

6 minute read

November 08, 2021 | The Legal Intelligencer

Attorneys representing different parties on the same side of an appeal, if at all possible, would likely be advancing the interests of all of their clients by trying to avoid, to the greatest extent possible, dividing the oral argument among two or more lawyers.

By Howard J. Bashman

7 minute read

October 11, 2021 | The Legal Intelligencer

Recently, the U.S. Supreme Court's so-called "shadow docket" has begun to attract unprecedented attention from the news media, the U.S. Senate and the general public.

By Howard J. Bashman

6 minute read

September 13, 2021 | The Legal Intelligencer

A core principle of appellate review is that issues must first be properly raised and presented to the trial court before they can be considered and resolved on appeal. This rule of appellate waiver seeks to promote the goals of fairness and efficiency.

By Howard J. Bashman

6 minute read

August 09, 2021 | The Legal Intelligencer

This month's column focuses on the details of the four cases in which the Supreme Court did not agree with the Third Circuit last term.

By Howard J. Bashman

6 minute read

July 13, 2021 | The Legal Intelligencer

During its just-concluded term, the Supreme Court decided six cases on direct review from the U.S. Court of Appeals for the Third Circuit, affirming our local federal appellate court two times and reversing or vacating it four times.

By Howard J. Bashman

7 minute read

June 14, 2021 | The Legal Intelligencer

Now that we seem to be on the verge of finally overcoming the pandemic that has understandably dominated everyone's attention over the past year and a quarter, it is the perfect time to catch up on Pennsylvania appellate developments that you may have missed.

By Howard J. Bashman

5 minute read

May 10, 2021 | The Legal Intelligencer

Welcome to Stephen G. Breyer's world. He always was and remains too staid to ever reach rock star status. He is a bit too moderate, and pro-corporate interest, to constitute the perfect, stereotypical liberal Democratic appointee.

By Howard J. Bashman

6 minute read

April 05, 2021 | The Legal Intelligencer

When I was growing up, on Saturdays the television would often be tuned to the ABC program "Wide World of Sports," with its stirring introduction depicting both the thrill of victory and the agony of defeat. Two recent appellate court rulings, one from the U.S. Court of Appeals for the Third Circuit, and the other from the Pennsylvania Superior Court, likewise illustrate these themes.

By Howard J. Bashman

6 minute read

March 08, 2021 | The Legal Intelligencer

Senior Judge Dan Pellegrini's opinion for a unanimous three-judge panel addressed what had previously been an unresolved question of Pennsylvania law likely to be of great interest to appellate practitioners.

By Howard J. Bashman

6 minute read