In my experience, any sentence submitted in an appeal that starts with “The court also failed to consider” is usually a long shot. Especially if it’s about stuff like whether certain evidence should be considered or published, because appellate courts almost never modify the decisions of the trial courts.
Note that the lawyers are claiming this about the email, and we don’t know what the email says.
In my experience, any sentence submitted in an appeal that starts with “The court also failed to consider” is usually a long shot. Especially if it’s about stuff like whether certain evidence should be considered or published, because appellate courts almost never modify the decisions of the trial courts.