2025 Annual Report of Clerk of the Court of Appeals

By Thomas R. Newman

We had expected, in keeping with Chief Judge Wilson’s expressed hope in the 2023 Annual Report, that the court would continue to decide more appeals each year until eventually arriving at the over 200 yearly average total dispositions during the 22-year tenure of Chief Judges Kaye and Lippman. But that did not happen. The court decided only 119 appeals (79 civil and 40 criminal), down one from the 120 decided in 2024. We hope the court will increase its caseload this year.

Of the 79 civil appeals decided by the Court in 2025, the jurisdictional predicate for 39 (49%) was permission of the Court of Appeals, 18 (23%) permission of the Appellate Division, 14 (18%) dissents in the Appellate Division, and in 4 (0.5%) a constitutional question was involved. Appx. 4. Stipulations for judgment absolute under CPLR 5601(c) continue to be zero; a wise decision.

Read the full article from the New York Law Journal on the Duane Morris LLP website.

This article was co-authored with Steven J. Ahmuty, Jr.

Duane Morris Partner Benjamin Shatz Named President of the California Academy of Appellate Lawyers

Benjamin Shatz, a partner in the firm’s Los Angeles office, has been named as the next president of the California Academy of Appellate Lawyers.

The California Academy of Appellate Lawyers is the nation’s oldest lawyers’ organization dedicated to appellate practice. Its members are California lawyers with substantial appellate experience, who are elected to membership after rigorous scrutiny of their reputation, character and appellate advocacy skills.

The ‘Aggrievement’ Requirement

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.

New Jersey Supreme Court Adopts “Merits Briefing” – What Practitioners Need to Know

By Robert M. PalumbosPaul P. JosephsonChristopher H. CaseyAndrew 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.

Read the full Alert on the Duane Morris LLP website.

Leah Mintz Reappointed Co-Chair of the Philadelphia Bar Association Appellate Courts Committee

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.

Issue Preservation at Trial: Don’t Lose Your Chance to Challenge

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’ Rob Byer Honored Again as Appellate “Lawyer of the Year” in Pittsburgh by Best Lawyers

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.

Continue reading “Duane Morris’ Rob Byer Honored Again as Appellate “Lawyer of the Year” in Pittsburgh by Best Lawyers”

Rob Palumbos Elected to the American Law Institute

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.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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