A group of former 38 Studios executives have asked a Rhode Island Superior Court judge to toss out the state's lawsuit against them, according to The Providence Journal.
This marks the second time the bankrupt company has asked the court to dismiss the state's lawsuit since it was brought against them last year. In March, founder Curt Schilling sought dismissal of the suit on the grounds that 38 Studios did disclose the company's financial situation to the appropriate state officials.
Lawyers for Schilling and former executives Rick Wester, Jennifer MacLean, and Tom Zaccagnino said the Rhode Island Economic Development Corp. (RIEDC) "failed to present any specific allegations to substantiate any claim that [the] 38 Studios defendants conspired or colluded with anyone to defraud the EDC."
The state claims it has "crushing evidence" that shows Schilling and other executives intentionally concealed financial information and maintains that the lawsuit should move forward.
Rhode Island originally sued Schilling and the other executives in November over the controversial $75 million loan that brought the studio to Rhode Island in 2010. Schilling has since called the suit "100 percent baseless" and the claims against him "implausible."
38 Studios filed for bankruptcy last summer and is now due to pay the state around $100 million with interest factored in.