Read the following excerpt from a US court opinion:
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(noting the general rule that a final judgment from a lower court carries res judicata effect even though it is still subject to review by an appellate court). As to the other district court orders that Mr. Leo purports to appeal, he does little more than reprise the unfounded theme that Garmin’s lawyer is a fraud artist who fabricated evidence (an argument we rejected in Leo, 431 Fed.Appx. at 705) and question the impartiality and abilities of the district court judge who ruled against him. Ad hominem attacks on counsel and the district court do not count as legal argument, and Mr. Leo’s scant references to any legal issues fall short of his obligation to adequately frame and develop his arguments. See Exum v. United States Olympic Comm., 389 F.3d 1130, 1133-34 n. 4 (10th Cir.2004) ; see also Garrett v. Selby Connor Maddux &
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What is the most suitable continuation to the opinion? Your options are:
A. holding defendant failed to preserve burden of proof issue for appeal
B. recognizing that conclusory statements do not preserve an issue for appeal
C. holding that scattered statements in the appellants briefs are not enough to preserve an issue for appeal
D. holding appellants confrontation issue unpreserved for appeal
E. holding that statements in motions and briefs are not evidence to be considered in ruling on a motion to compel arbitration
Reply with [A, B, C, D, E] only.