Howard J Bashman

November 27, 2006 | Law.com

If you think December automatically brings a holiday lull in new legal matters, guess again. Litigator Howard J. Bashman sounds the alert about two amendments to the Federal Rules of Appellate Procedure, both set to take effect officially on Dec. 1. One involves electronic filing on appeal. The other, permitting citation to unpublished and non-precedential federal appellate court rulings, stands as the most controversial amendment to the Federal Rules of Appellate Procedure of all time, writes Bashman.

By Howard J. Bashman

4 minute read

July 23, 2007 | Law.com

Even with almost 18 years in practice, appellate litigator Howard J. Bashman writes that he still deals with previously unencountered -- and fascinating -- procedural issues. One of the latest to hit his plate: a trial court's power to require parties to waive their right to seek appellate review as a condition of issuing a ruling on the merits of a dispute.

By Howard J. Bashman

5 minute read

July 09, 2007 | The Legal Intelligencer

The U.S. Supreme Court, in its just-completed term, issued a total of 67 signed opinions in argued cases.

By Howard J. Bashman

7 minute read

September 11, 2006 | Law.com

Clients are justifiably interested in having a highly qualified advocate on their side when a case heads to appeal. But according to Howard J. Bashman, there are a substantial number of cases where the skill of appellate advocacy, or absence thereof, should not make any difference to the result. In addition, he writes, the effect of quality of advocacy on an appellate court's decision-making process cannot be appreciated without considering the impact of the quantity of pending cases.

By Howard J. Bashman

6 minute read

April 28, 2008 | The Legal Intelligencer

What role, if any, should a judge's personal preference concerning the outcome of a case play in deciding a dispute? That controversial question resurfaced last month as the U.S. Supreme Court heard oral arguments in a closely watched case that presents t

By Howard J. Bashman

5 minute read

May 07, 2007 | Law.com

In a case where no binding precedent exists to govern the outcome, what's an accomplished appellate attorney to do? Commentator and litigator Howard J. Bashman examines this perennial dilemma, particularly in light of a recent 7th Circuit decision in which Chief Judge Frank H. Easterbrook chided attorneys for giving too much weight to a federal district court opinion.

By Howard J. Bashman

5 minute read

April 12, 2004 | The Legal Intelligencer

Proposed Federal Rule of Appellate Procedure 32.1, has turned out to be the most controversial amendment ever proposed to the federal appellate rules.

By Howard J. Bashman

7 minute read

February 09, 2004 | The Legal Intelligencer

Recently I received many requests for advice from individuals at or near the start of their legal careers who believe that being an appellate lawyer would be much more enjoyable and rewarding than what they are currently doing, which usually involves the practice of general commercial litigation.

By Howard J. Bashman

9 minute read

February 05, 2007 | Law.com

In the wake of the Bush administration's recent decision to withdraw the nominations of three controversial federal appellate court nominees, litigator Howard J. Bashman examines the White House's win-loss record and suggests that now may be the time for the president and his allies to get real. After all, a vacant bench seat today could be a position filled by a Democratic president's choice tomorrow.

By Howard J. Bashman

4 minute read

June 11, 2007 | The Legal Intelligencer

On May 10, the Supreme Court of Pennsylvania approved substantial and noteworthy amendments to Pennsylvania Rule of Appellate Procedure 1925(b), a provision that has proven to be a troublesome waiver trap for unwary appellate advocates.

By Howard J. Bashman

6 minute read