Howard J Bashman

March 06, 2006 | National Law Journal

If approved by the U.S. Supreme Court and Congress, the most controversial change ever proposed to the Federal Rules of Appellate Procedure will become law. Rule 32.1 authorizes citation to non-precedential federal appellate court rulings in briefs filed in all of the U.S. Courts of Appeals. Howard Bashman expounds on why the high court should eliminate the last-minute, prospective-only limitation from Rule 32.1 and return the rule to the form in which the Appellate Rules Advisory Committee approved it.

By Howard J. Bashman

7 minute read

August 14, 2006 | National Law Journal

As we draw ever closer to the beginning of the U.S. Supreme Court's October 2006 term, appellate litigator Howard J. Bashman pauses to give us a glimpse of the oral arguments at the top of the justices' calendar. From sentencing to patent royalties to telecom disputes, the start of the new term offers a variety of issues. Bashman also predicts that the 9th Circuit is on its way to being reversed in at least three of the four cases to be argued in October.

By Howard J. Bashman

6 minute read

April 09, 2007 | Law.com

Given the citizenry's continued discontent over the matter, the last person you'd expect to be keeping the issue of state judicial pay raises in the headlines is the author of the Pennsylvania Supreme Court's September 2006 decision invalidating legislation to repeal those judicial pay raises while upholding the repeal of every other aspect of that controversial pay raise law.

By Howard J. Bashman

5 minute read

October 30, 2006 | Law.com

An experienced advocate once remarked that there are three versions of every appellate court oral argument: the one the advocate planned to deliver, the one the advocate actually delivered, and the one the advocate wished he had delivered. To save you from falling into that dreaded third category, appellate litigator Howard J. Bashman offers his insights on some key processes and pitfalls.

By Howard J. Bashman

9 minute read

May 22, 2006 | Law.com

When Justice Sandra Day O'Connor sat on the Supreme Court bench with Justice Ruth Bader Ginsburg, it was a common occurrence at oral argument for attorneys to refer to Ginsburg as "Justice O'Connor," or to O'Connor as "Justice Ginsburg." Attorney Howard Bashman writes that while advocates these days may be confident that any question spoken in a female voice at oral argument is from Ginsburg, Justice Samuel Alito's arrival on the Court seems to be creating a similar challenge for attorneys -- and others.

By Howard J. Bashman

6 minute read

August 11, 2008 | The Legal Intelligencer

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?

By Howard J. Bashman

8 minute read

August 09, 2002 | The Legal Intelligencer

Lawyers who do not regularly practice before the 3rd U.S. Circuit Court of Appeals often ask me what is going to happen next in their pending or soon-to-be-filed appeal to that court.

By Howard J. Bashman Special to the Legal

10 minute read

November 14, 2005 | The Legal Intelligencer

Since my last column appeared in these pages some four weeks ago, U.S. Supreme Court nominee Harriet Miers has mercifully receded from memory as though a bad dream. In her place, President Bush had the good sense to nominate the 3rd U.S. Circuit Court of Appeals' own Samuel A. Alito Jr., an outstanding judge whom many of us in the Philadelphia region know well.

By Howard J. Bashman

7 minute read

July 17, 2007 | New Jersey Law Journal

The ruling in Bowles v. Russell serves as a stark reminder that when it comes to the time in which to appeal, lawyers must be ever vigilant to make sure that an appeal is filed within the time that federal law provides.

By Howard J. Bashman

5 minute read

January 10, 2006 | National Law Journal

A former chief judge of the 3rd U.S. Circuit Court of Appeals once said the White House repeatedly tried to appoint ideologues to serve on that court, but after being confirmed, those judges consistently went on to defy such expectations. That former chief judge could have been speaking specifically about Judge Samuel A. Alito Jr., says attorney Howard J. Bashman, who writes that, in his experience, Alito is far from an ideologue, and his 3rd Circuit votes in civil cases have been unpredictable.

By Howard J. Bashman

6 minute read