Articles

06.06.23

It’s 5 P.M.! Do You Know Where Your Brief Is?

Benjamin Shatz and Tal Edelstein co-authored an article for Daily Journal on the Third Circuit’s recently proposed Local Appellate Rule, which changes the court’s filing deadline from midnight to 5 p.m. 


05.02.23

Not All Judges Have an Affection for Amici

Benjamin Shatz and Associate Benjamin Strauss motions for leave to file amicus briefs in the federal courts of appeals, and detailed what to expect if a party withholds consent or even opposes such a motion.  


04.04.23

The Appellate Lawyer’s Bookshelf

In Manatt Appellate Partner Ben Shatz’s most recent column for Daily Journal, he discussed the world of appellate books, how it has changed with the popularization of online sources, and offered suggestions on the best literature for appellate practitioners to add to their ...


03.07.23

Well, Recu-u-use Me!

Benjamin Shatz wrote about the importance of recusing federal judges from disputes they may have an interest in and discussed how a recently established federal database of judicial financial disclosure forms may help both lawyers and judges. 


02.07.23

2022’s Top Federal Appellate Practice Cases

In their most recent article for Daily Journal, Manatt Appellate Partner Benjamin Shatz and Associate Benjamin Strauss review key federal appellate practice cases from 2022.  In the article, Shatz and Strauss discuss 2022’s most noteworthy federal appellate practice cases, including ...


01.03.23

Interesting Times: The 2022 Appellate Year in Review

In his latest Daily Journal column, Manatt Appellate Partner Benjamin Shatz provided his annual year in review, in which he described 2022 as the “most ‘interesting’ appellate year in modern times.”   Shatz discussed how the COVID-19 pandemic is ...


12.06.22

Fed. Appendectomy: RIP Fed.App’x (2001-2021)

In his latest Daily Journal column, Manatt Appellate Partner Benjamin Shatz wrote about the history and demise of the Federal Appendix, a case reporter comprised of “unpublished” decisions from the Federal Courts of Appeals, as well as its impact on appellate citation ...


11.01.22

Dead Party, Dead Appeal

In their most recent column for Daily Journal, Manatt Appellate Partner Benjamin Shatz and Associate Benjamin Strauss discussed what happens when you combine death and appeals, and the consequences an unexpected death may have on a pending appeal.  Shatz and Strauss examined California ...


10.04.22

Scare(y) Decisis: Reversing Rights and Wrongs

In his latest column for Daily Journal, Manatt Appellate Partner Benjamin Shatz explored the current state of stare decisis, its vertical and horizontal “flavors,” and the principle’s role in how and when courts decide to overrule precedent. Shatz explained that the policy of ...


09.06.22

Dicta ain’t necessarily so

In their latest column for the Daily Journal, Manatt Appellate Partner Benjamin Shatz and Associate Benjamin Strauss examined the Ninth Circuit’s four-year debate on what constitutes a holding and the resulting shift from the narrow “necessity model” to the broad ...