It's important to recognize the judicial ruling addressed more than one Motion. Otiko focused on the portion of the Ruling that advised on jurisdictional matters. He ignored the rest, which is why Keough issued a news release that addresses the aspects Otiko ignored. Those aspects are very favorable to Kasten because it gives them a green light on their claims.
In other words, Keough has reason to refile based on the evidence the Court did review. The Court could not Grant Otiko's Motion to Dismiss those claims because they are valid in the eyes of the Court.