Sony was unable to kill a class-action lawsuit brought over the graphics claims made in Killzone: Shadow Fall and now it will go forward, following a judge's ruling.

Plaintiff Douglas Ladore alleges Sony advertised Killzone: Shadow Fall would run at a native 1080p resolution throughout, but in March, Eurogamer's Digital Foundry discovered that its multiplayer runs at an upscaled lower resolution.

Ladore filed his lawsuit in August, and is seeking damages in excess of $5 million on claims of negligent misrepresentation, false advertisement, unfair competition, fraud and inducement.

Sony sought to have the suit thrown out, but this week, Judge Edward Chen of U.S. District Court for the Northern District of California, rejected all but one of its arguments.

Chen said Sony's motion for dismissal was "premised on an unduly narrow reading of [the] plaintiff's complaint." Chen, however, tossed out Ladore's claim of negligent misrepresentation. His attorneys will have 30 days to file an amended complaint or move on in the lawsuit without it.

The law firm representing Ladore filed a class action lawsuit against Sony and Electronic Arts over promises of a free copy of Battlefield 1943 offered to Battlefield 3 customers, which never was delivered. The firm also is involved in the class action suit against Sega and Gearbox Software over Aliens: Colonial Marines.