The U.S. Court of Appeals for the Third Circuit ruled Thursday celebrity attorney Michael Avenatti can’t require his defamation case against Fox News Network to be remanded to Delaware state court.

In the opinion, U.S. Circuit Judge Marjorie O. Rendell wrote that the District of Delaware court that found Avenatti likely added a defendant to his case for diversity purposes had the authority to drop the new defendant and keep the case in the federal court.