Howard J Bashman

April 08, 2019 | The Legal Intelligencer

Believe it or not, the very first installment of my monthly appellate column here in The Legal Intelligencer appeared in December 2000—more than 18 years ago—and therein I argued that appellate advocates should be allowed to cite to the unpublished and nonprecedential opinions of the appellate courts in which they are practicing.

By Howard J. Bashman

6 minute read

March 11, 2019 | The Legal Intelligencer

Today's column is the third and final installment of a three-part series intended to help readers understand and hopefully avoid some of the most troublesome pitfalls lurking in appellate practice.

By Howard J. Bashman

6 minute read

February 04, 2019 | The Legal Intelligencer

This column focuses on what appellate judges agree is ordinarily the most important part of the appellate process—the parties' briefs on appeals.

By Howard J. Bashman

7 minute read

December 10, 2018 | The Legal Intelligencer

Today's column is the first of a three-part series intended to help readers understand and hopefully avoid some of the most troublesome pitfalls lurking in appellate practice.

By Howard J. Bashman

6 minute read

November 13, 2018 | The Legal Intelligencer

One thing both judicial systems share in common is that appellate review in either forum ordinarily occurs after the trial judge has not only issued an appealable decision but also provided some explanation of the reasons for his or her ruling that will be challenged on appeal.

By Howard J. Bashman

7 minute read

October 15, 2018 | The Legal Intelligencer

These amendments will affect the due dates for appellate reply briefs, the acceptance or rejection of amicus briefs that would result in the recusal of appellate judges and the procedures governing a federal appellate court's stay of its mandate in cases where U.S. Supreme Court review will be sought.

By Howard J. Bashman

6 minute read

September 17, 2018 | The Legal Intelligencer

Upon Further ReviewFiling Proposed Points for Charge No Longer Suffices to Preserve Objections to Jury Instructions, Pa. Supreme Court RulesUnless…

By Howard J. Bashman

6 minute read

August 13, 2018 | The Legal Intelligencer

U.S. Court of Appeals for the Ninth Circuit Judge Stephen Reinhardt died suddenly and unexpectedly earlier this year on March 29. Since then, the Ninth Circuit has issued two appellate rulings in which Reinhardt provided the decisive vote in favor of the outcome of those appeals.

By Howard J. Bashman

7 minute read

July 16, 2018 | The Legal Intelligencer

Three of the cases the U.S. Supreme Court decided this past term arose directly from the Third Circuit, while in another six cases the court expressly noted that it was resolving conflicts that involved the Third Circuit.

By Howard J. Bashman

1 minute read

June 18, 2018 | The Legal Intelligencer

In Pennsylvania, at least, there remains one intermediate appellate court that is willing to entertain oral argument of any appeal in which counsel timely requests it. That appellate court is the Superior Court of Pennsylvania.

By Howard J. Bashman

1 minute read