The Mississippi Supreme Court says it will not remove NFL Hall of Famer Brett Favre as a defendant in a civil lawsuit that seeks to recover millions of dollars of misspent welfare money meant to help some of the poorest people in the United States.

A panel of three justices issued a brief ruling Wednesday, denying an appeal from Favre.

His attorneys said in written arguments in May that the Mississippi Department of Human Services is making “utterly meritless” legal arguments in suing the retired quarterback.

On April 24, Hinds County Circuit Judge Faye Peterson denied Favre’s request to be removed from the lawsuit, which has more than three dozen people or businesses as defendants. Favre asked the Supreme Court to overturn Peterson’s decision.