October 24, 2022 | New Jersey Law Journal
The Foibles of Using FootnotesManaged properly, footnotes offer a useful tool, particularly in academic articles, yet among many in the judiciary, they are viewed as a distraction.
By Marie E. Lihotz and Marianne Espinosa
5 minute read
September 09, 2022 | New Jersey Law Journal
What to Consider Before Filing a Motion for ReconsiderationAPPELLATE ANSWERS: A motion for reconsideration gives the trial court—and not the litigant—a second bite at the apple to get it right.
By Marie E. Lihotz and Marianne Espinosa
6 minute read
June 21, 2022 | New Jersey Law Journal
E-filing Improves Appellate Practice, but Also Presents ChallengesAPPELLATE ANSWERS: Understanding the e-filing forms and how to fully complete them will make your life easier.
By Marie E. Lihotz and Marianne Espinosa
6 minute read
May 06, 2022 | New Jersey Law Journal
A Jury Verdict Is Almost Never 'Against the Weight of the Evidence'APPELLATE ANSWERS: Quite appropriately, the call made by the factfinders who actually saw and heard the evidence firsthand is accorded deference during appellate review.
By Marie E. Lihotz and Marianne Espinosa
6 minute read
March 28, 2022 | New Jersey Law Journal
It's All About StyleAPPELLATE ANSWERS: Without question, judges notice the use of correct formatting in appellate briefs. A strong command of the rules demonstrates appellate counsel's professionalism and projects an attorney who is experienced, accurate, and organized.
By Marie E. Lihotz and Marianne Espinosa
5 minute read
February 10, 2022 | New Jersey Law Journal
How NJ Judges Handle Juror MisconductDuring a trial, when jurors have been exposed to extraneous information or prejudicial influences, the trial court's obligation is well established. Once a verdict is rendered, any inquiry into allegations of juror misconduct is substantially curtailed.
By Marie E. Lihotz and Marianne Espinosa
6 minute read
January 03, 2022 | New Jersey Law Journal
So What About Review by the Supreme Court?APPELLATE ANSWERS: You receive the Appellate Division's opinion and sigh as your arguments were not successful in securing the client's desired result. Following your second look, you are convinced the result is wrong. What now?
By Marie E. Lihotz and Marianne Espinosa
5 minute read
November 19, 2021 | New Jersey Law Journal
Do Amicus Briefs Have Any Effect?APPELLATE ANSWERS: One study found that the difference was trivial, and yet amicus filings are made in 98% of cases in the United States Supreme Court.
By Marie E. Lihotz and Marianne Espinosa
6 minute read
October 11, 2021 | New Jersey Law Journal
Can an Arbitration Award Be Appealed? It DependsAPPELLATE ANSWERS: Limited judicial review of arbitration awards remains central to arbitration, but there are certain circumstances where appeals can be made.
By Marie E. Lihotz and Marianne Espinosa
7 minute read
August 26, 2021 | New Jersey Law Journal
The Evolving Relationship Between Arbitration and the Appellate CourtsAPPELLATE ANSWERS: Despite decades of arbitration, questions persist regarding the Appellate Division's role regarding arbitration agreements and resultant awards.
By Marie E. Lihotz and Marianne Espinosa
6 minute read
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