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 Message from Judge Stephen M. Orlofsky:
It is a special honor to recognize my longtime friend—and swim buddy, a term originating from Navy SEALs, signifying a trusted partner who provides unwavering support and accountability—Judge Timothy K. Lewis, as he receives a well-deserved Lifetime Achievement Award from The Legal Intelligencer. For those of us who have had the privilege of working alongside Tim, this recognition comes as no surprise. His career has been defined by a deep commitment to justice, a passion for equity, and a quiet but powerful leadership that has shaped the legal profession in lasting ways.
Tim’s influence extends far beyond the bench. He has been a mentor, a voice for fairness, and a tireless advocate for those too often left out of the conversation. I have seen firsthand the integrity and heart he brings to everything he does, and I couldn’t be prouder to celebrate this milestone with him.
Congratulations, Tim, you’ve more than earned this moment.
Read more about the recognition below.
Recent Highlight:
Blank Rome senior counsel Judge Timothy K. Lewis was recently recognized in The Legal Intelligencer's 2025 Pennsylvania Legal Awards, which highlight the great work and achievements across the full breadth of the legal communities in Pennsylvania and Delaware. Judge Lewis was recognized in the Lifetime Achievement category, honoring attorneys who have made a significant impact on the legal history of the states throughout their careers.
Read more about Judge Lewis’ Legal Intelligencer lifetime achievement honor here.
Featured Articles:
Arbitration Clauses Continue to Receive Attention in the Second Circuit
Four recent decisions from the U.S. Court of Appeals for the Second Circuit highlight the care organizations must take when selecting arbitration procedures, designing the format and wording of arbitration clauses, and formulating strategy in litigation to compel arbitration. This article reviews those cases and outlines several considerations for organizations when evaluating legal strategies related to arbitration. Read more >>
V.O.S. Selections, Inc. and the Sword of Yoshida
In V.O.S. Selections, Inc. v. United States, the Court of International Trade (“CIT”) combined challenges from various shipping importers and 12 states arguing that the Trump Administration’s tariffs are unconstitutional and violative of U.S. law, and that such tariffs require congressional approval. On May 28, 2025, the CIT ruled that IEEPA’s statutory authority for the president to “regulate . . . importation” does not extend to imposing unlimited tariffs under the Supreme Court’s major questions doctrine, which limits federal agencies from broadly construing their powers from vague or implied grants of authority, or the Trade Act, which limits tariffs imposed to respond to balance of payment problems to 15 percent and a maximum duration of 150 days. Read more >>
From Rigid to Reasonable: Supreme Court Clarifies Arbitration Fee Payment Rules in California
By Harrison Brown, Ana Tagvoryan, Alexander D. Newman, and Victor J. Sandoval
The California Supreme Court’s decision in Hohenshelt v. Superior Court marks an important moment for arbitration in California, particularly in the context of consumer disputes, employment disputes, and mass arbitrations. On August 11, 2025, the California Supreme Court held that the 30-day arbitration fee payment rule is not preempted by the Federal Arbitration Act (“FAA”), but, crucially, it cannot be applied in a rigid, automatic fashion. The decision brings clarity to a landscape that has been marked by conflicting rulings and significant uncertainty for businesses facing mass arbitration demands. Read more >>
Third Circuit Upholds Finding That Pennsylvania’s Practice of Discarding Misdated Mail-in Ballots Is Unconstitutional
The United States Court of Appeals for the Third Circuit issued the landmark decision of Eakin v. Adams County Board of Elections on August 26, 2025, holding that the requirement for Pennsylvania county election boards to discard mail-in ballots with missing or incorrect date fields on return envelopes violated the First and Fourteenth Amendments. Read more >>
Pennsylvania Appellate Decisions Continue to Shape the Legal Landscape—From Jurisdiction to Liability, and Everything in Between
By Christina Manfredi McKinley
Pennsylvania’s appellate courts continue their trend of issuing groundbreaking legal decisions in areas ranging from jurisdiction to liability. This article is a summary of notable Pennsylvania appellate decisions from the last two years, as well as pending decisions that are sure to be blockbusters. Read more >>
In Case You Missed It…
Are Law Schools Neglecting Appellate Advocacy? Former Judge Pushes for Specialized Training
Appellate Litigation group co-chair Stephen M. Orlofsky was quoted in Law.com’s Litigation Daily about the importance of appellate advocacy. Read more >>
Judge Stephen M. Orlofsky Supports Rutgers Law’s Commitment to Legal Education Through Vital Stephen M. Orlofsky Endowed Appellate Advocacy Fund
Appellate Litigation group co-chair Stephen M. Orlofsky was featured in a recent Rutgers-Camden News article celebrating his enduring support for Rutgers Law School, his alma mater, by creating the Stephen M. Orlofsky Endowed Appellate Advocacy Fund. Read more >>
Read additional coverage published in Law360 Pulse here and the New Jersey Law Journal here.
© 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.
