A federal judge has removed Solana Labs, the Solana Foundation, and their executives from Burwick Law’s lawsuit over Pump Fun, narrowing the case while allowing parts of it to move forward against other defendants.
Court filings show Judge Colleen McMahon granted in part and denied in part motions to dismiss in the case. Her rulings preserved some racketeering claims tied to Baton Corporation and several executives, but rejected other allegations, including securities claims connected to two memecoins and an unjust-enrichment count.
Solana-related defendants are out
McMahon dismissed Burwick Law’s claims against Solana Labs, the Solana Foundation, and their executives. Those entities had been added to the lawsuit on allegations that they helped enable the Pump Fun operation by supplying crypto infrastructure that allegedly lacked adequate investor protections.
The latest order removes them from the case entirely. The source article also notes that Burwick Law had previously dropped Jito Labs from the lawsuit, further shrinking the group of infrastructure-linked defendants.
Some RICO allegations survive against Pump Fun leadership
The court allowed certain plaintiffs to continue pursuing civil RICO claims against Baton Corporation, the parent company tied to Pump Fun, and executives Noah Bernhard Hugo Tweedale, Alon Cohen, and Dylan Kerler.
According to the filing summary, the surviving racketeering allegations involve wire fraud, illegal gambling, and unlicensed money transmission. However, not all plaintiffs cleared that stage: RICO claims brought by Aguilar were dismissed.
Securities Act claims over FRED and GRIFFAIN were rejected
McMahon also dismissed allegations that the Pump Fun defendants offered unregistered securities in violation of the Securities Act. That part of the case centered on the memecoins FRED and GRIFFAIN.
The judge ruled that those tokens did not satisfy the “common enterprise” element of the Howey Test, a core part of the analysis used in US courts to assess whether an asset offering qualifies as a security. On that basis, the securities-law claims tied to those memecoins were thrown out.
Other claims dismissed and service questions remain
The court also dismissed Burwick Law’s unjust-enrichment allegations, removing another part of the complaint even as some racketeering theories remain active.
McMahon separately directed Burwick Law to explain why 25 unnamed key opinion leaders, or KOLs, have still not been served, despite having been included in the litigation since January 2025. The firm was given a September 10 deadline to address that issue.
What comes next in the case
The ruling does not end the Pump Fun litigation, but it does significantly narrow its scope. For now, the confirmed next step mentioned in the filing summary is Burwick Law’s response on service of the 25 unnamed KOL defendants by September 10.
After that, the case will continue around the claims that survived dismissal, chiefly the remaining RICO allegations against Baton Corporation and the named executives.
Source: protos.com