Marie E Lihotz

Marie E Lihotz

August 20, 2024 | New Jersey Law Journal

Three's Company: Can a Nonsignatory to an Arbitration Agreement Compel or Be Compelled to Arbitrate?

"Courts in New Jersey ... emphasize strong public policy favoring arbitration to resolve disputes and require liberality in construing contracts in favor of arbitration," write Archer's Alexis M. Way and Marie E. Lihotz.

By Alexis M. Way and Marie E. Lihotz

8 minute read

August 17, 2023 | New Jersey Law Journal

'Be Confident' and 'Cultivate a System': Navigating Your Appellate Clerkship

A judicial clerkship remains a memorable highlight of any lawyer's career. For those who received an offer or will begin a clerkship in September, odds are you'd welcome tips on how to hit the ground running. As former appellate law clerks, guided by the perspective of a retired appellate judge, we offer thoughts on positioning yourself for success and on how to maximize the experience.

By Marie E. Lihotz and Amy E. Pearl and Alexis M. Way

7 minute read

October 24, 2022 | New Jersey Law Journal

The Foibles of Using Footnotes

Managed 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 Reconsideration

APPELLATE 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 Challenges

APPELLATE 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 Style

APPELLATE 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 Misconduct

During 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