For the third time, Fulton County Superior Court Chief Judge Robert McBurney has thrown out essentially all the claims in a lawsuit seeking to hold an Atlanta sperm bank accountable for providing semen from a donor it falsely touted as a highly intellectual scholar.

In dismissing the claims against the Xytex Sperm Bank, McBurney once again expressed sympathy for the plaintiffs and decried the fact that “public policy issues raised by this litigation” have “outstripped advances in law and policy.”