Mauze & Bagby and its two name partners, George Mauze and James Bagby, will still have to defend themselves against an advertising defamation claim, according to a decision issued March 11 by the U.S. Court of Appeals for the Fifth Circuit.

In NCDR LLC v. Mauze & Bagby, a three-judge panel affirmed a trial court’s ruling that had denied the Houston law firm’s motion to dismiss. The firm and the two partners are defendants in a suit brought by NCDR LLC, KS2 TX PC and Dentistry of Brownsville PC. The three entities do business as Kool Smiles, operating dental clinics nationwide.