A large number of appeals are won or lost based on whether they raise the right issues, at the right time, in the right court.

Bashman has regularly worked with trial lawyers to ensure that issues are properly preserved for appeal while a case remains pending in the trial court. And, representing clients that prevailed in the trial court, he has successfully argued that the opposing party has waived the issues it seeks to raise on appeal.

Determining when an appeal can or must be taken is not always a simple matter, and an error can have disastrous consequences. Bashman is intimately familiar with the law governing the availability of appellate review before final resolution of a case, and he has successfully obtained and opposed interlocutory appellate review.

Bashman has convinced appellate courts to dismiss at the outset of the appellate process, before substantial expenses have been incurred in connection with an improperly-filed appeal, both premature and dilatory appeals filed by opposing parties.

A notice of appeal is a relatively simple document, but the notice presents its own opportunities for committing errors with grave consequences. Bashman knows not only what a notice of appeal must say, but also what it should say, and when and where it must be filed. Also of significance, especially in the appellate courts of Pennsylvania, is the response to a trial court’s request for a statement of issues to be raised on appeal. A failure to respond, with sufficient specificity, can result in the loss of appellate review.

He also understands the rules governing the effect of post-judgment motions on the time for appeal and knows which cases fall within the exclusive jurisdiction of specialty appellate courts, such as the U.S. Court of Appeals for the Federal Circuit and the Commonwealth Court of Pennsylvania. He is familiar with the rules governing stays pending appeal and has obtained such stays for many clients.

Last but not least, Bashman has a substantial amount of experience in preparing, and opposing, petitions that ask an appellate court to exercise discretionary appellate review. He has obtained mandamus relief and has successfully opposed adversaries’ mandamus petitions. He has filed petitions for review in federal and state appellate courts challenging administrative agency action. And he has successfully obtained certiorari in the U.S. Supreme Court and has repeatedly opposed petitions for writ of certiorari filed in that Court.

 





 

Law Offices of
Howard J. Bashman

2300 Computer Avenue
Suite G-22
Willow Grove, PA 19090
Phone: (215) 830-1458
Telecopy: (215) 830-1459
hjb@hjbashman.com

HOME            LEGAL            SITEMAP            CONTACT