Howard J Bashman

February 13, 2006 | Law.com

Much of appellate courts' regular activities focus on the rather mundane task of construing laws passed by the legislature. Though the courts' approach to this function may vary, on only the rarest of occasions do they decide that a legislative enactment means exactly the opposite of what it says. But attorney Howard J. Bashman says just such an extraordinary event recently arose in two circuit courts, in connection with the Class Action Fairness Act, a cornerstone of the conservative tort reform movement.

By Howard J. Bashman

8 minute read

January 30, 2006 | Law.com

As many have learned to their dismay, Internet anonymity is much harder to attain than it appears. In this time of executive branch eavesdropping on overseas communications and Department of Justice subpoenas to Internet search providers, some may wonder where the judicial branch stands on keeping secrets online. The answer is generally encouraging, says attorney Howard J. Bashman, although some courts and electronic filers could be more attuned to the privacy issues that electronic filing presents.

By Howard J. Bashman

5 minute read

July 14, 2009 | The Legal Intelligencer

The Supreme Court of the United States, in its just-completed term, issued a total of 74 signed opinions in argued cases. Two of those cases reached the Supreme Court directly from the 3rd U.S. Circuit Court of Appeals. In one of those cases, the Supreme Court unanimously affirmed, while in the other the Supreme Court vacated and remanded the 3rd Circuit's judgment by a 5-4 vote.

By Howard J. Bashman

8 minute read

July 31, 2006 | Law.com

As federal appellate rulings and other records become more widely available, partly due to courts' increasing use of the Internet, will the judicial branch's openness help depoliticize the confirmation process for judicial nominees? With court processes becoming more transparent, litigator Howard Bashman looks forward to the day when the public concludes that judicial decision-making is not simply a matter of judges imposing their personal preferences on society.

By Howard J. Bashman

5 minute read

October 13, 2004 | Law.com

In a growing number of federal judicial districts, electronic filing is mandatory, and every document filed in court must be filed in electronic format over the Internet. Federal appellate courts are beginning to examine whether they too should begin to allow (or mandate) electronic filing. Appellate attorney Howard J. Bashman outlines the advantages and disadvantages of the electronic revolution reaching the appellate process.

By Howard J. Bashman

7 minute read

February 19, 2007 | The Legal Intelligencer

In January, the White House announced that it was withdrawing the nominations of three controversial federal appellate court nominees. Each nominee had failed to attain confirmation while the Republican Party controlled the U.S. Senate, and once the Democ

By Howard J. Bashman

3 minute read

February 21, 2006 | Law.com

The day after the death of Senior Judge Max Rosenn, a divided three-judge panel of the 3rd Circuit issued a decision in which Rosenn cast the deciding vote. What, if anything, is wrong with this picture? Attorney Howard J. Bashman examines this and other instances which show that no uniform approach has emerged from the federal appellate courts themselves or Congress concerning whether a deceased judge can cast the dispositive vote in support of an appellate court's judgment.

By Howard J. Bashman

7 minute read

November 19, 2007 | Law.com

For many people this time of year, food purchases occupy an important slot on their holiday agendas. But for others, food choices wind up being items on court calendars. Commentator and litigator Howard J. Bashman examines a D.C. Circuit ruling that may have at least one group crying over spilled milk.

By Howard J. Bashman

4 minute read

March 13, 2006 | The Legal Intelligencer

Now that several months have passed since Pennsylvania voters learned that a statewide judicial retention election actually can be used to remove from office justices serving on the Supreme Court of Pennsylvania, it is the perfect time to reflect on the lessons of what happened.

By Howard J. Bashman

7 minute read

November 13, 2006 | National Law Journal

During his 15 years in private practice, attorney Howard Bashman's work has focused almost exclusively on appellate litigation. For the benefit of those lawyers who do not regularly work on appellate cases, Bashman offers a handy list of 10 tips for excellence in appellate advocacy. The first: Win in the trial court, but, when that is not possible, be sure to have preserved the trial court's errors for appeal.

By Howard J. Bashman

8 minute read