Sometimes the strongest litigation strategy is staying silent—strategically choosing not to respond to weak, irrelevant, or low-impact arguments can conserve client resources, preserve credibility, and let lawyers exercise independent judgment without undermining the case.
Read the full version of this month’s “Exceptionally Appealing” column from Partner Benjamin G. Shatz at the Daily Journal.
Duane Morris Partners Benjamin Shatz and Seth Rokowsky have been named to Law360 2026 Editorial Advisory Boards. Benjamin was named to the publication’s Appellate Editorial Board. Seth was named to the New York Editorial Board.
Read more about the appointments on the Duane Morris LLP website.
In a New York Law Journal article, Thomas R. Newman & Steven J. Ahmuty, Jr. , explain that only “aggrieved” parties—those harmed or denied relief—can appeal court decisions under CPLR 5511. Courts can assess aggrievement on their own, and simply disagreeing with a ruling isn’t enough. There are exceptions, like non-parties with affected interests or appeals on alternative grounds. Understanding these rules is crucial for proper appellate standing. Read the full article.
By Robert M. Palumbos, Paul P. Josephson, Christopher H. Casey, Andrew R. Sperl and Justin G. Mignogna
In a February 26, 2026, notice, the Supreme Court of New Jersey announced sweeping amendments to the court rules governing briefing before the court. The new framework provides for merits briefing in all appeals taken on or after February 10, 2026. These changes represent the most significant overhaul of the court’s briefing procedures in years and carry important implications for appellate practitioners, amicus participants and anyone following the court’s docket.
Duane Morris attorney Leah Mintz has been reappointed co-chair of the Philadelphia Bar Association’s Appellate Courts Committee for the third year. Ms. Mintz focuses her practice on appellate litigation, white-collar criminal defense, and complex commercial litigation. She has briefed and argued appeals before the United States Courts of Appeals for the Third and Sixth Circuits, as well as before all three Pennsylvania appellate courts.
Robert Palumbos, chair of the Appellate division of Duane Morris’ Trial Practice Group, will be presenting at the ALI CLE webinar, “Issue Preservation at Trial: Don’t Lose Your Chance to Challenge,” on October 31, 2023, from 12:00 p.m. to 1:00 p.m. Eastern.
About the Program
Losing a trial can be devastating to your client. The blow can be compounded if there is no recourse for appeal to reverse an adverse decision. As counsel to your client, properly preserving issues and arguments during a trial can make the difference between reversing a bad result or having to live with it. Join this important CLE program that focuses on how a trial practitioner may preserve, or fail to preserve, a sufficient record for review by an appellate court. Learn more and register.
Duane Morris partner Robert L. Byer has been recognized by Best Lawyers® as the “2024 Appellate Lawyer of the Year” in Pittsburgh, Pennsylvania. The recognition is given to only one attorney for each practice area and city. Lawyers are selected based on high marks received during peer-review assessments conducted by Best Lawyers each year. He also received this distinction in 2020, 2016 and 2011.
Rob Palumbos, partner and chair of the Appellate division of Duane Morris’ Trial Practice Group, was elected a member of the American Law Institute. Rob will further ALI’s work of clarifying the law through Restatements, Principles and Model Codes through the production of scholarly and scientific legal work.
Celebrating its 100th anniversary in 2023, the American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law. For more information, please visit the ALI website.
In a significant victory for California employers, the state Court of Appeal issued a decision on February 27, 2023, that provides them with a defense to wage statement penalties recoverable under Labor Code § 226 when they can show a “good faith” belief in their compliance with the Labor Code. See Naranjo v. Spectrum Security Services, Inc. (Feb. 27, 2023 Second District, Div. Four No. B256232) __Cal.App.5th __. Note: Duane Morris was counsel for the defendant in this appellate case.
Read the full Alert on the Duane Morris LLP website.
The Federal Employees Liability Reform and Tort Compensation Act, or Westfall Act, amended the Federal Tort Claims Act to extend absolute immunity from personal tort liability to “any employee of the Government while acting within the scope of his office or employment.”
Until recently, no federal court had squarely addressed whether the U.S. president is an employee of the government for purposes of the Westfall Act. This question of statutory interpretation controlled the U.S. Court of Appeals for the Second Circuit’s recent split decision in Carroll v. Trump.
The majority opinion in Carroll answered the question affirmatively, while the dissent disagreed. Remarkably, both opinions purported to apply the same tools of statutory interpretation to reach these disparate conclusions.
To read the full text of this article by Duane Morris attorneys David McTaggart and Kevin Savarese, which was originally published in Law360, please visit the firm website.
