appellate – Duane Morris Appellate Review

August 4, 2026August 4, 2026 by Ben Shatz

Appellate Algebra Alert!

Assume you’re in federal court and you decide you need to petition the 9th Circuit for a discretionary interlocutory appeal of some sort. For example, this could be a petition under Federal Rules of Civil Procedure rule 23(f) to appeal an order granting or denying class-action certification. Federal Rules of Appellate Procedure rule 5 sets forth the procedures governing such an “Appeal by Permission.”

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

July 2, 2026July 8, 2026 by Seth M. Rokosky

A Few Words About Word Limits (in Complex Appeals)

By Seth M. Rokosky

The Federal Rules of Appellate Procedure governing brief length are critical for judges and lawyers. Yet while they appear simple on their face, they can be deceptively complex. That is especially true in appeals involving multiple issues or parties. Regardless, counsel should streamline their briefs wherever possible. Doing so not only aids the work of the courts, but also helps represent clients most effectively.

Read the full article from the American Bar Association on the Duane Morris LLP website.

© 2026 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

June 29, 2026June 29, 2026 by Duane Morris

Pennsylvania Superior Court Narrowly Interprets “Non-Negligent Failure” Exception for Untimely Appeals

By Michael P. Pest

The risk of missing a filing deadline is a major—if not the principal—source of anxiety among legal professionals. That concern is well-founded: an honest miscalculation, miscommunication, or unexpected emergency resulting in a late filing can have disastrous consequences, particularly at the appellate level. While a judicial reprieve for a late-filed appeal is theoretically possible under Pennsylvania law, the Superior Court recently issued a stark reminder that, absent fraud or an administrative breakdown, permission to appeal nunc pro tunc will be granted only in the most extraordinary circumstances.

Read the full article from The Legal Intelligencer on the Duane Morris LLP website.

June 11, 2026June 11, 2026 by Duane Morris

Amicus Brief Drafted for NAM in Support of Reversing Ruling that Moderna, Rather than the Government, Must Face a Multibillion-Dollar Patent Infringement Suit

Duane Morris partners Brian Pandya and Seth Rokosky represented the National Association of Manufacturers in its amicus brief encouraging the Federal Circuit to undo a lower court’s ruling that Moderna, and not the government, must face a multibillion-dollar patent infringement suit over its COVID-19 vaccine. The brief warned that if contractors can’t rely on the government when it commits to bearing the liability of patent infringement suits, it would undermine the government’s ability to procure manufactured goods that are vitally important for responding to national crises and for keeping the daily operations of government running. Read the amicus brief here.

June 4, 2026June 12, 2026 by Duane Morris

Duane Morris Appellate Lawyers Recognized by Chambers USA

We are pleased to announce that three Duane Morris Appellate division lawyers have been recognized by Chambers USA.

Here’s what clients are saying about our appellate lawyers:

“[Rob Byer’s] ability to synthesize complex issues into short, concise arguments, and his natural talents for the back and forth of an appellate proceeding are nothing short of amazing.”
“Robert Palumbos is in the upper echelon of appellate lawyers. He is very intellectual and he has a complex practice.”
“Benjamin Shatz is one of the best qualified appellate lawyers with whom I have had the pleasure of working.”

Los Angeles Lawyers

Benjamin Shatz: Litigation Appellate

Pittsburgh Lawyers

Robert L. Byer: Litigation: Appellate

Philadelphia Lawyers

Robert M. Palumbos: Litigation: Appellate

June 3, 2026June 3, 2026 by Duane Morris

Avoiding Pitfalls: Jurisdictional Considerations for Appeals

By Thomas R. Newman and Steven J. Ahmuty, Jr.

The article explains that in New York, only “aggrieved” parties can appeal from proper, written orders or judgments within 30 days. Appeals must follow strict timing and procedural rules; missing deadlines usually results in dismissal. Courts can excuse minor errors, but proper filing and notice are crucial to keep the right to appeal.

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

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 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.

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.