Howard J Bashman

July 16, 2007 | Law.com

In federal courts, the general rule is that orders entered during the course of a pending case are not appealable until the entire case has been resolved. This principle, commonly known as the "final judgment rule," provides that earlier rulings that were interlocutory when entered can be appealed at the conclusion of the case if they remain relevant at that point. Litigator and commentator Howard J. Bashman reviews an established exception to the final judgment rule: Federal Rule of Civil Procedure 54(b).

By Howard J. Bashman

5 minute read

August 07, 2006 | National Law Journal

With more law firms creating specialized appellate practices in response to demands from clients and judges, litigator Howard J. Bashman finds this an opportune time to review just what appellate lawyers do, how they can be of service to potential clients and fellow lawyers alike, and which traits appellate attorneys need to be successful. Oh, and did we mention the things to avoid during oral argument?

By Howard J. Bashman

7 minute read

December 12, 2005 | The Legal Intelligencer

A little over two months ago, the Judicial Conference of the United States approved a proposed federal rule of appellate procedure that will allow attorneys to cite to nonprecedential federal appellate rulings in all federal appellate courts.

By Howard J. Bashman

7 minute read

February 04, 2008 | Law.com

Although the next wave of significant proposed amendments to the Federal Rules of Appellate Procedure will likely not go into effect until December 2009, now is the time to focus on the details, writes litigator Howard J. Bashman, who points out that the deadline for public comment is Feb. 15. Bashman notes some of the proposed changes that merit special attention.

By Howard J. Bashman

6 minute read

July 30, 2007 | Law.com

With at least one notable exception, writes litigator Howard J. Bashman, almost every federal appellate court takes the position that, when two of its own rulings conflict on a point of law, the ruling that issued first controls in the absence of rehearing en banc. In this commentary, Bashman examines that exception and its pros and cons.

By Howard J. Bashman

6 minute read

March 12, 2007 | Law.com

The 9th U.S. Circuit Court of Appeals last week issued its long-awaited decision in Irons v. Carey, a case dealing with the constitutionality of congressional limitations on a federal court's ability to grant habeas relief to a state prisoner. When a three-judge federal appellate court panel issues a decision consisting of four separate opinions, says commentator and litigator Howard J. Bashman, you are assured that some interesting reading awaits.

By Howard J. Bashman

8 minute read

September 15, 2004 | Law.com

The final judgment rule provides that when a federal district court has issued a judgment in a civil case that decides all claims as to all parties, a party aggrieved from that judgment has the right to appeal. Using as a backdrop a recent 11th Circuit decision on the issue, appellate attorney Howard J. Bashman provides a guide to one of the six exceptions to the final judgment rule in a civil case: the interlocutory appeal by permission.

By Howard J. Bashman

7 minute read

July 10, 2006 | Law.com

Now that Arlen Specter, the Republican chairman of the Senate Judiciary Committee, has re-energized the perennial push for legislation to split the 9th U.S. Circuit Court of Appeals in two, attorney Howard J. Bashman examines the arguments for and against a circuit split, and explains why he's in favor of just such an occurrence. Says Bashman, "A split of the 9th Circuit is overdue, but whether it will in fact happen in the near future remains to be seen."

By Howard J. Bashman

7 minute read

April 10, 2006 | Law.com

Congress is currently considering legislation that would route all immigration appeals to the Federal U.S. Circuit Court of Appeals. Whether you view this proposal as preposterous or brilliant, it does present an intriguing possibility, writes attorney Howard J. Bashman. There assuredly are other categories of appeals that the regional federal appellate courts view as dry, needlessly complex, burdensome or inconsequential. Perhaps these cases, too, could be sent to the Federal Circuit?

By Howard J. Bashman

6 minute read

November 20, 2006 | Law.com

The 8th U.S. Circuit Court of Appeals recently announced that it will begin implementing its appellate electronic case filing system in December -- and the other federal appellate courts aren't far behind. Litigator Howard J. Bashman takes a look at the evolution of the electronic case filing system and makes a case for federal appellate courts doing as the federal district courts have done, by giving up the paper chase.

By Howard J. Bashman

6 minute read