The legal battle over Viacom is on its way to court after a judge in Delaware today rejected a bid to dismiss the case. The ruling hands a victory to Viacom CEO Philippe Dauman and sends the battle over reconstitution of the media conglomerate’s board to trial, Variety notes.

The decision comes after Sumner Redstone moved to oust Dauman and other board members last month.

“In his ruling, Judge Andre Bouchard suggested that he wanted an independent medical examination of Redstone to determine if the 93-year-old Viacom founder had the mental capacity to make the decision to overhaul the company’s leadership,” Variety reports. “He also advised that the court needed clarity as to whether Redstone is being manipulated, possibly by his daughter Shari Redstone, or is making his own decisions.”

Bouchard commented: “What’s at stake here is nothing less than the governance of a multi-billion dollar company.”