MINNEAPOLIS (AP) — A federal judge has granted the state's request to dismiss three counts from former Minnesota Senate aide Michael Brodkorb's lawsuit over his firing.

Now, two discrimination counts remain.

Brodkorb was fired in 2011 after Senate leaders discovered his affair with then-Majority Leader Amy Koch Brodkorb sued, claiming he was unfairly treated because female Senate staffers who carried on affairs weren't punished.

On Wednesday, U.S. District Judge Susan Richard Nelson dismissed Brodkorb's claims that he was defamed. She wrote that statements made by former Senate Secretary Cal Ludeman in the context of "heated" negotiations were not defamatory.

Nelson also dismissed the state as a defendant, as well as references to unnamed Senate employees. Dayle Nolan, the Senate's attorney, says the Senate is the only remaining defendant.

Copyright 2013 The Associated Press.

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