He did mention it subtly. I am guessing he doesn't want to look like they are looking for every technicality to get the case thrown out. The whole case is based on lies and I belive Sullivan is confident enough that the case has no merit. He did point out several easy reasons for the case to be tossed rosen didn't attack that one. I belive the judge even commented on them only having one plantiff during oral presentation but didn't say much more.