A Texas court judge rejected Delta’s motion to dismiss a lawsuit against the airline by Kate Hanni, founder of FlyersRights.org.

Hanni alleges the airline conspired to hack into her personal emails and computer files to derail her attempts to push tarmac-delay legislation through Congress.

Judge Sim Lake of the U.S. District Court in Houston ruled on Jan. 28 that the case should be permitted to proceed because Hanni could be reimbursed financially for the loss of those files if she received a favorable verdict.