38 Studios founder Curt Schilling is filing to have a Rhode Island Superior Court judge dismiss the state’s lawsuit against the company. The state of Rhode Island is suing 38 Studios for fraud, racketeering, and conspiracy.

According to the filing by 38 Studios, the Rhode Island’s Economic Development Corp (EDC) was informed about the company’s financial needs and issues. “Given the EDC’s admissions concerning 38 Studios’ disclosures to the EDC’s executives, attorneys and financial adviser, it is impossible for the EDC simultaneously to claim that the 38 Studios defendants supposedly defrauded the EDC,” the filing says.

According to the EDC, 38 Studios misled the agency to acquire its loan since it knew that more money was needed to complete the MMO Project Copernicus. Filings by 38 Studios say that the EDC knew the company needed the full $75 million from the loan, but in the end only received $50 million.

Source: Associated Press