0:00
0:00
Subscribe to Bankless or sign in
The ongoing courtroom battle between Elon Musk and 
OpenAI is trending toward a decisive loss for the Tesla founder, with a California jury rejecting claims that 
Sam Altman and OpenAI betrayed the company’s founding non-profit mission.
What's the Scoop?
- Stunning Procedural Defeat: A California jury unanimously tossed Elon Musk’s lawsuit against OpenAI and CEO Sam Altman, ruling the case was filed after the three-year statute of limitations pertaining to such claims had expired, a seemingly glaring and no doubt embarrassing procedural error for the billionaire and his legal team. Although Musk was apparently aware of the behavior discussed in his complaint against OpenAI as far back as 2021, he failed to file the lawsuit until the summer of 2024. Musk's accusations that Altman and other OpenAI executives unjustly enriching themselves and committed breach of contract by transitioning the non-profit organization into a for-profit company may indeed be true, but the jury did not need to examine these claims to dismiss the lawsuit on procedural grounds.
- Ruling Ramifications: Assuming the jury's advisory dismissal is upheld by the overseeing U.S. District Judge Yvonne Gonzalez Rogers in her final ruling, OpenAI, its executives, and Microsoft (a major OpenAI investor and partner) cannot be held liable for breach of contract. Additionally, a favorable verdict would Sam Altman would to solidify control over OpenAI and enable the firm to conduct an initial public offering (IPO).
- High-Profile Testimony: The three-week trial featured testimony from Musk, Altman, and Microsoft CEO Satya Nadella. It also unveiled internal communications examining OpenAI’s early governance structure and eventual commercialization strategy.
The jury took less than 2 hours to reject Elon Musk's case against Sam Altman.
— Josh Kale (@JoshKale) May 18, 2026
When Elon's lawyer tried to reserve the right to appeal, she said she was prepared to dismiss it "on the spot."
3 weeks of testimony and $134 billion in claims all gone.
Here's what just went down:… pic.twitter.com/QyAd2Jv7DA
