Welcome to Blank Rome Appellate Insights: Winning on Appeal, a newsletter dedicated to keeping you informed about the latest developments in appellate law. Each issue will provide thought leadership from our appellate litigators, insightful summaries of recent appellate court opinions, detailed analyses of significant cases, and showcase our firm’s appellate achievements.
A Note from the Editors
As we close out a successful year and look ahead to 2026, we remain committed to delivering exceptional appellate advocacy and thought leadership to our clients. The past year has underscored the importance of strategic insight in navigating complex appeals, and we are excited to continue sharing perspectives that help you achieve your goals in the year ahead.
We are also thrilled to announce a significant addition to our team: the Honorable Mitchell S. Goldberg, most recently Chief Judge of the United States District Court for the Eastern District of Pennsylvania, who will join the Appellate Litigation group on January 1, 2026. Judge Goldberg’s arrival strengthens our ability to offer not only exceptional appellate representation, but also strategic guidance shaped by unique perspectives from the bench. Learn more about his addition below.
Thank you for your continued trust and partnership and we look forward to continuing to help you succeed in the coming year. We hope you enjoy this edition of our newsletter and welcome your feedback on topics that matter most to you.
Judge Timothy K. Lewis & Judge Stephen M. Orlofsky
Welcoming Judge Mitchell Goldberg to Blank Rome
We are proud to share the Honorable Mitchell S. Goldberg, most recently Chief Judge of the United States District Court for the Eastern District of Pennsylvania, will join our firm in the Business Litigation group in the Philadelphia office, effective January 1, 2026. Judge Goldberg will become the sixth distinguished retired judge currently practicing at the firm, joining Honorable Judges Edward N. Cahn, James T. Giles, Judith J. Gische, Timothy K. Lewis, and Stephen M. Orlofsky. This extraordinary group is a testament to Blank Rome’s dedication to assembling one of the most remarkable benches of judicial and litigation leaders, uniquely positioned to serve clients nationwide.
Judge Goldberg’s move to Blank Rome is especially notable, as he is now the third former chief judge of the U.S. District Court for the Eastern District of Pennsylvania to join the firm, alongside Judge Cahn and Judge Giles. The collective insight among the six retired judges enables Blank Rome to offer clients not only extraordinary litigation counsel, but also strategic guidance shaped by decades of judicial leadership and experience.
Read more about Judge Goldberg’s move to the firm here.
The news of Judge Goldberg’s move to Blank Rome was also covered in The Legal Intelligencer and Law360 (subscriptions required).
Featured Articles:
Trump Tariffs at the Supreme Court
The Supreme Court heard oral argument on November 5, 2025, in the consolidated cases challenging the Trump Administration’s so-called reciprocal and fentanyl tariffs. A majority of both conservative and liberal justices challenged the legal grounds relied upon by the government. On balance, it appears the Supreme Court will not uphold the tariffs imposed by the President under the International Emergency Economic Powers Act, though there are more complicated means to a similar end. The Court’s decision is expected early in the new year. Read more >>
Petition for Review vs. Appeal: What Are the Differences?
Federal appellate courts handle more than just appeals. A sizeable portion of their docket—around one-third in the Ninth and D.C. Circuits—is petitions for review of federal agency action. Yet the differences between the two are often overlooked, even by courts and experienced counsel. This article discusses the critical differences between appeals and petitions for review. Read more >>
Appellate Practice Client Success
New York Appellate Court Affirms Denial of Temporary Spousal Maintenance In Contested Divorce
During a contested divorce proceeding in New York, the motion court had denied the husband’s request for temporary spousal maintenance from his former wife, pursuant to Domestic Relations Law § 236(B). The husband appealed, contending that the motion court erred in denying his request because, among other arguments, he allegedly had no income from his start-up venture and, in any event, discovery delays warranted temporary maintenance. Blank Rome represented the wife-appellee in the temporary maintenance appeal.
On appeal, the court unanimously ruled against the husband, rejected each of his arguments, and affirmed the motion court’s application of the formula under DRL § 236(B)(5-a) and its denial of temporary maintenance. The court emphasized that exigent circumstances were required before a pendente lite award should be modified and found that there were no exigent circumstances here, especially because the husband had not filed his motion for temporary spousal support until one year after the divorce was commenced. The appellate court also found that the motion court had providently exercised its discretion in imputing $300,000 in income to defendant based on his past income and demonstrated earning potential, especially considering the steady employment he maintained throughout the marriage and his age, education, and industry experience. Nor did the court find persuasive the husband’s claim that he was presently earning no income from his start-up venture; the court emphasized that he failed to explain why he could not supplement his income or seek alternative employment. Finally, the court found that his claims of discovery delays did not support an award of temporary spousal maintenance.
In Case You Missed It...
Blank Rome Appellate Insights: Winning on Appeal – September 2025
Read our previous edition of our newsletter here.
Judge Stephen M. Orlofsky Joins The Power of Attorney Podcast
Judge Stephen M. Orlofsky appeared on The Power of Attorney, a podcast produced by Rutgers Law School. In his conversation with Dean Johanna Bond, Judge Orlofsky reflected on his distinguished career, shared why giving back to Rutgers matters deeply to him, and recounted memorable stories from his time at Rutgers Law. See more >>
Keys to Release: Court of Appeals Defines ‘Surrender,’ Limiting Personal Guarantor Liability
Massimo F. D’Angelo and William M. Pekarsky recently authored an article which published in New York Law Journal, on how guaranties interact with commercial leases in New York. Read more >>
The New Frontier of Climate-Change Litigation
Blank Rome partner Christina Manfredi McKinley authored an article on recent matters in climate change litigation, which published in the Fall 2025 edition of Appellate Issues, by the American Bar Association. Read more >>
© 2025 Blank Rome LLP. All rights reserved. Please contact Blank Rome for permission to reprint. Notice: The purpose of this update is to identify select developments that may be of interest to readers. The information contained herein is abridged and summarized from various sources, the accuracy and completeness of which cannot be assured. This update should not be construed as legal advice or opinion, and is not a substitute for the advice of counsel.
