On Thursday, an administrative law judge in Seattle denied Boeing's request to dismiss the case.
In May, Judge McMahon declined a defense request to dismiss the charges because of Mr. Hussain's role in the plot.
On March 28, Judge Seybert, of Federal District Court in Central Islip, ruled against a request to dismiss the suit.
Now a federal judge, without ruling on the merits of the case, has rejected a request to dismiss the lawsuit.
Her lawyer filed a request to dismiss the suit with prejudice, meaning that it cannot be refiled.
He refused the government's request to dismiss the case out of hand.In the face of judicial scepticism, the government has retreated somewhat.
Last month, a federal judge in Richmond, Va., rejected a Justice Department request to dismiss a similar lawsuit filed by Virginia's attorney general.
The filing in the unusual case comes as Judge Kimba M. Wood of Federal District Court considers the defense's request to dismiss the case.
After the employees filed suit, the Federal District Court in Manhattan found the document insufficient and granted the employer's request to dismiss the lawsuit.
But before the federal judge could rule on a request to dismiss them for being "legally insufficient," the United States attorney, Richard G. Convertino, filed a "superseding" indictment.
Judge Debra Nelson of Circuit Court said she would rule tomorrow on motions that include a request to dismiss the lawsuit.
