Duane Morris Appellate Review

May 5, 2026May 21, 2026 by Ben Shatz

Appellate Meditation: ‘Aum,’ not ‘Um’

Appellate mediation is widespread and has been a hot topic for ages now. Alternative dispute resolution, or ADR, providers expressly tout their appellate mediation programs (e.g., ADR Services, JAMS). Most California Court of Appeal districts have formal mediation programs: e.g., the 2nd District’s Mediation Program, the 3rd District’s Mediation Program, the 4th District’s Civil Mediation Program, the 5th District’s Mediation Program, and the 6th District’s Mediation Program. So do many federal Courts of Appeals. The 9th Circuit’s Mediation Program has been around for over 30 years and currently has a team of seven Circuit Mediators. Bucking the ubiquitous banal naming convention, the 2nd Circuit may send you to CAMP (its Civil Appeals Mediation Program). The ABA even published a 366-page treatise “Appellate Mediation: A Guidebook for Attorneys and Mediators” (ABA 2016) by California’s own Brendon Ishikawa and Dana Curtis (a former 9th Circuit Mediator). Yes, so very much can and has been said about appellate mediation. But what about appellate meditation?

Read the full version of this month’s “Exceptionally Appealing” column from Partner Benjamin G. Shatz at the Daily Journal.

May 5, 2026May 5, 2026 by Duane Morris

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.

April 26, 2026 by Brian J. Slipakoff

Brian Slipakoff Presents at PBI’s 2026 Annual Environmental Law Forum on Universal Injunctions.

Duane Morris Special Counsel Brian J. Slipakoff presented at the Pennsylvania Bar Institute’s 2026 Annual Environmental Law Forum on April 23, 2026 in Harrisburg, Pennsylvania. Mr. Slipakoff and his co-presenter, Joshua Ash of the University of Pittsburgh Law School, had a lively discussion about the evolution of “universal” injunctions, their recent elimination by the United States Supreme Court and ways forward to achieve broad-based injunctive relief in the environmental legal space in the years to come.

April 14, 2026April 14, 2026 by Duane Morris

Duane Morris Appellate Practice Named Finalist for Litigation Department of the Year – Specialty Practice by The Legal Intelligencer

The awards recognize the top specialty litigation departments, their record of success and impactful work in 2025. Read more about Duane Morris’ Appellate Practice and the award on the Duane Morris LLP website.

April 12, 2026April 12, 2026 by Ben Shatz

9th Cir. 2025 Annual Report

The Ninth Circuit Court of Appeals has posted its 2025 Annual Report.

The Chief Judge’s summary message notes that the Ninth Circuit “continued to be the nation’s busiest federal appellate court, accounting for 22.8% of all new appeals nationally, with 9,544 appeals, up 17.2% from fiscal year 2024.” In 2025, the Circuit added one new judge (Eric C. Tung) and saw the passing of two senior judges (Andrew Kleinfeld and Sandra Ikuta). The median time for an appeal to be on the docket at the court was 11.9 months (down .8 months from 2024) , with the median time for briefing at 6.7 months and the median time from oral argument to opinion at 1.4 months. Ruling on 730 petitions for rehearing en banc, only 30 made it to a vote, and the court granted only 11 (the same number as in 2024). See p. 56.

April 7, 2026April 7, 2026 by Ben Shatz

Staying Strong and Silent on Appeal

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.

April 6, 2026April 6, 2026 by Duane Morris

Duane Morris Trial Partners Named to Law360 Editorial Advisory Boards

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.

March 31, 2026March 31, 2026 by Duane Morris

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.

March 11, 2026March 11, 2026 by Duane Morris

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

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.

Read the full Alert on the Duane Morris LLP website.

February 1, 2024February 21, 2024 by Duane Morris

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.