Judge Russell Clawges denied the motion to dismiss the WVU-Big East case in Monongalia Circuit Court Monday afternoon.
The Big East argued Monday that WVU's suit to leave the conference immediately wasn't specific enough and should be dismissed.
Clawges said he too thought that WVU's complaint could use some additions but he ruled that it is too early to dismiss the case.
The Big East also argued that West Virginia is not the right place to argue about conference regulations. It sued WVU in a Rhode Island court to enforce the 27 month waiting period before leaving the conference.
WVU argued that it is a state entity and as such any court outside of West Virginia wouldn't have jurisdiction.
Clawges said he wouldn't rule on that motion until the New Year.
Attorneys on both sides of the declined to comment on the ongoing lawsuit.
The Big East conference's lawsuit seeks unspecified damages and an order that West Virginia stay in the conference for 27 months.
It also filed a motion in Rhode Island last week to keep WVU playing in the conference until the legal battle ends.
West Virginia accepted an invitation from the Big 12 in October and wants to join for the 2012 season.