The Associated Press is reporting that 38 Studios founder and former Red Sox pitcher Curt Schilling has asked a Rhode Island superior court judge to throw out a lawsuit filed by the Rhode Island Economic Development Corporation.
The government agency that floated Schilling and his studio a $75 million loan filed a lawsuit in November of last year accusing him and his associates of misleading the agency in securing a $75 million taxpayer-guaranteed loan. The lawsuit also accuses Schilling of fraud, racketeering and conspiracy.
Schilling's lawyers filed documents on Friday to asked Superior Court Judge Michael Silverstein to throw out the lawsuit because (they claim) Schilling and associates "repeatedly" disclosed his studios' financial situation to the agency and that it knew $75 million wouldn't be enough to finish its ambitious MMO project, Project Copernicus.
"Given the EDC's admissions concerning 38 Studios' disclosures to the EDC's executives, attorneys and financial advisor, it is impossible for the EDC simultaneously to claim that the 38 Studios defendants supposedly defrauded the EDC," the filing reads.
Max Wistow, who is representing the agency, said he is preparing a response to the filing, which he will file with the court within 30 days.
We'll have more on this story as it develops.