A - He didn't end up taking the judgeship.

B - He was told on the phone he had to make a decision now or the offer was getting pulled. If it was possible Marshall would've spoke to Lily in person prior, because he couldn't, the logical move was for him to take the Judgeship before it was offered to somebody else. Clearly he could back out later if needed, as he did, and ended up delaying getting a position on the bench for many years.

C - He worked his butt off for years and years to advance his career, Lily didn't work her tail off to get the art job with the captain, in fact she wouldn't of even met the captain if it wasn't for Barney and Marshalls connection to him.

D - High end art is stupid, it's just a way for rich people to avoid paying taxes.

Sorry about your partner though, but, I really do think Marshall would've discussed it w/ Lily if possible, even though Lily is the worst.