Jury rules Musk's OpenAI lawsuit untimely, Altman and Microsoft cleared

Elon Musk’s high-profile lawsuit against OpenAI ended abruptly on Monday when a nine-person jury unanimously ruled that he filed his claims too late. Musk had accused OpenAI, Sam Altman, Greg Brockman, and Microsoft of diverting his $38 million charitable donation to enrich executives and shareholders after OpenAI created a for-profit arm. The jury found that Musk was aware of these restructuring plans as early as 2021, meaning he missed the three-year statute of limitations required to bring the lawsuit. As a result, all defendants were cleared of liability. Judge Yvonne Gonzalez Rogers immediately adopted the verdict, noting the jury could discuss the case freely afterward. Microsoft welcomed the decision, stating the facts and timeline were clear from the start.

Musk was not in the courtroom when the verdict was read—he had prioritized attending a summit between President Trump and China’s President Xi Jinping. His legal team appeared deflated, and attorney Marc Toberoff quickly confirmed an appeal is forthcoming. In a statement on X, Musk argued that the jury never ruled on the merits, only on a “calendar technicality.” He vowed to appeal to the Ninth Circuit, warning that creating a precedent to “loot charities” would undermine charitable giving in America. Altman and Brockman were also absent, but OpenAI’s legal team was visibly relieved, with attorney William Savitt smiling broadly after days of tense cross-examination.