Elon Musk & Twitter’s trial at the court of chancery set for October

Elon Musk announced on July 9 that he was “pulling out” of his contractual purchase of Twitter. He had made a $44 billion bid to buy Twitter, as-is, months ago, then his broke ass realized he couldn’t afford it. So he spent months claiming that his purchase could not go through because of “spam” and “bots.” Then he formally pulled out of the deal, and now Twitter is suing him and taking him to court of chancery, which is a real thing in Delaware. On Tuesday, there was a preliminary hearing at the court of chancery to figure out when Twitter’s lawsuit against Musk will be held. Musk obviously wanted to draw this out as long as possible, but Twitter said nope, we need to do this fast because this guy is actively trying to tank our company. The judge agreed.

In an early victory for Twitter, a judge on Tuesday ruled that the company’s lawsuit against Elon Musk over their $44 billion acquisition agreement should go to a five-day trial in October.

The decision came at the end of the first hearing in the case over whether to expedite the proceedings. When it filed the suit last week, days after Musk moved to terminate the deal, Twitter (TWTR) filed a motion to expedite the proceedings and requested a four-day trial in September. Musk’s legal team opposed the motion.

Tuesday’s hearing featured sharply worded arguments from both sides — including Twitter’s lawyer at one point referring to Musk as a “committed enemy” — setting the stage for what is almost certain to be a contentious legal battle.

Twitter’s lead counsel William Savitt came out swinging against Musk at the start of the hearing as he argued in favor of a speedy trial. Savitt said the continued uncertainty hanging over the company from the outstanding deal and litigation “inflicts harm on Twitter everyday, every hour and every day.” He also pointed to what he described as Musk’s continued disparagement of Twitter, including on its own platform. “Musk has been and remains contractually obligated to use his best efforts to close this deal,” Savitt said. “What he’s doing is the exact opposite; it’s sabotage.”

Musk lawyer Andrew Rossman pushed back saying that Musk “doesn’t have an incentive to keep this hanging for a long time,” noting that the billionaire remains one of Twitter’s largest shareholders. He also noted that Twitter did not sue Musk over his alleged breaches of the deal until after he moved to terminate the deal, suggesting that the company’s wait invalidated its desire for expedition. (The judge in her comments said Twitter’s timing was not “unreasonable.”)

Following each side’s argument, the judge overseeing the case, Delaware Court of Chancery chancellor Kathaleen St. Jude McCormick, said Musk’s side “underestimate the ability of this court … to quickly process complex litigation.”

“The reality is that delay threatens irreparable harm [to Twitter] … the longer the delay, the greater the risk,” McCormick said in announcing the scheduling plan. She added that while few cases warrant a trial longer than five days, she would entertain a request from either side to extend the trial if necessary.

[From CNN]

I find this fascinating and grotesque: “He also noted that Twitter did not sue Musk over his alleged breaches of the deal until after he moved to terminate the deal, suggesting that the company’s wait invalidated its desire for expedition…” As in, Musk was going out of his way to be in breach of his contract for months and Twitter didn’t terminate the contract, therefore they didn’t have a problem with Musk’s actions and behavior? Not only that, but Musk is arguing that Twitter’s adherence to their legally binding contract and failure to do or say anything about HIS behavior somehow nullifies their position or de-legitimizes their desire to see this wrapped up quickly. That’s some f–ked up bullsh-t. Anyway, I’m glad the court of chancery (!!) seems to be low on sympathy for Musk. I still feel like Twitter is going to be screwed over though.

Oh, btw, Musk is on vacation in Mykonos this week while his lawyers were fighting in the court of chancery. *hork*

Photos courtesy of Avalon Red, Backgrid.

You can follow any responses to this entry through the RSS 2.0 feed.

42 Responses to “Elon Musk & Twitter’s trial at the court of chancery set for October”

Comments are Closed

We close comments on older posts to fight comment spam.

  1. Merricat says:

    My hope is that this bozo tries to make a getaway in his little rocket ship, completely forgetting there’s no oxygen in space.

    • Bettyrose says:

      Bwahahahaha! You’ve already won the internet today. 🏆

    • SIde Eye says:

      @Merricat thank you for this visual! Let’s all dare to dream!

      • BothSidesNow says:

        @ Merricat, thank you again for pointing out what is necessary to silence this idiot!!

        May he take Bezos with him as they both thrive on destroying as much of the environment as well as the lives of their hard workers.

  2. ThatsNotOkay says:

    He’s see-through. Doughy. You couldn’t find him in a jar of mayo. On some, porcelain skin works. But this is no delicate ceramic. This…creature…looks like he needs to be sufficiently kneaded, put in a bread pan, and baked for an hour at 350 degrees.

    • Pork Chops and Applesauce says:


    • BothSidesNow says:

      Oh my gawd!!! Now I want a freshly baked baguette with loads of freshly made strawberry jam with butter…..I can smell it now!!

    • whatWHAT? says:

      yeah, I’m not usually one for body-shaming, but….DAMN.

      doughy doesn’t even say the half of it.

  3. WiththeAmerican says:

    Of course he looks like that.

  4. Lili says:

    this is interesting since they are suing their largest share holder, whats to stop him tanking their share price so he can sell,cheaply and lose on the deal. as you can high stake poker is not my forte lol

    • TIFFANY says:

      I think he can’t sell them.

      Wasn’t there a blackout as part of the contract?

    • ThatsNotOkay says:

      That’s called stock manipulation and super illegal. But then again, he’s a white male. He’ll never see a day in prison for it, just a meager fine.

      • Wiglet Watcher says:

        His reputation has taken a blow. There’s been reports Tesla partners and high level staff are embarrassed and walking. Tesla manufacturing has slowed and competitors are pouncing on this.

    • Well Wisher says:

      He is the second largest stockholder.
      Musk either continue the purchase of Twitter or recompense them. The case will be argued for 5 days.

      • TIFFANY says:

        I can and also can’t believe he wants to go to court for this.

        He could have just paid the out clause fine and call it a day.

        I can’t believe he wants his finances out here in the court of law.

    • ElleE says:

      The Saud family is also a major stakeholder of twitter and used Twitter data to track Jamal Khashoggi so maybe that fun fact would stop him from tanking the stock price? Idk

      (Not-so-fun-fact I recently learned: Jamal Khashoggi was Dodi Al-Fayad’s cousin.)

  5. HeyKay says:

    The lawyers for both sides are counting their billable hours and laughing at their idiot clients behind their backs. 😀

    One of these days, Elon is going to get his hat handed to him, publicly. I’m gonna be ready with buttered popcorn! lol

  6. K says:

    He looks like a toad made of dough.

  7. Beenie says:

    For anyone who cares (probably 0 people 🤣):

    Elon is being represented by law firm Quinn Emanuel.

    Twitter’s firm is Wachtell.

    I just like to make a mental note of these things because occasionally you find there are patterns are certain firms (even well-regarded ones) that have no problem taking shady a£%holes on as clients. For example: Law firms that continue to represent Scientology.

    • Betsy says:

      The people who know these firms said between the firms that are representing the respective clients as well as the judge – McCormick doesn’t faff around, evidently – Musk is done.

  8. Chantal says:

    Damn, can we get a warning for photos like that? Some of us have sensitive stomachs. Anyway, glad this judge saw thru the bs. Wonder if it will be televised….

  9. Snuffles says:

    I didn’t think it was possible to be that pale.

    • Lucy says:

      I am this pale lol! But I’m also not a garbage monster like the dude bro internets idol here.

  10. Wiglet Watcher says:

    The court of chancery and how it’s structured is crazy. They have incredible power and the companies must comply.

    • harpervalleypta says:

      In some Twitter threads (that I don’t understand at ALL), people have discussed the possibility that Musk loses, he can’t pay the fines, he has to forfeit his assets, and then Twitter becomes the owner of Tesla.

      Apparently that referral has happened before in Delaware’s courts, but I don’t know how legitimate the comparisons are, but that would be hilarious.

      • Lizzie Bathory says:

        This isn’t my area of practice, but I think the idea is that Twitter is suing for specific performance of the deal (i.e., do what you promised, Elon) on behalf of the shareholders. Elon either won’t or can’t actually go through with it, which I & others predicted when it was announced. At that point, it’s a matter of damages. He will be on the hook for the $1 billion breakup fee, plus any damages the court assesses. Most of his wealth is on paper, as you pointed out, so that’s where you’d look to other assets (maybe Tesla) to pay Twitter what they’re owed.

        I really don’t see Elon winning this case, which I love for him.

      • TwinFalls says:

        He liquidated 8 billion in Tesla stock at the beginning of the Twitter deal. He should have the cash to pay a fine and legal fees.

      • BothSidesNow says:

        @ Lizzie Bathory, the fact that Musk thought that his shenanigans would protect him is the chefs kiss in this scenario. Musk is a fool for thinking that he could simply walk away unscathed. This is the perfect foray into destroying that ego of his, along with his fortune. I am so happy to read that the judge saw through his BS defense and is allowing Twitter to take his ass to court as he certainly deserves the actions he has taken against Twitter.

  11. Pork Chops and Applesauce says:

    This is the man who mocked Bill Gates on Twitter for looking paunchy and “boner killing” old. Musk looks like a bloated amoeba in these pics. He’s positively translucent, Mr. Apartheid Jr. has balls of steel. Someone buy this jag-off a mirror.

  12. Hannah says:

    Good lord 😳 that really need a Trigger Alert 🚨 I was not ready for that 1st pic. Dough Boy is the same colour as his white towel

    • BothSidesNow says:

      @ Hannah, I don’t believe any of us were prepared for the sight of this man like *this*!!! He is the poster boy of revolting in these pictures!!!

  13. SIde Eye says:

    Living large in Mykonos and still can’t afford a frigging condom…

    • BothSidesNow says:

      @ SIde Eye, yes!!! This man should never be allowed to procreate!!

      • SIde Eye says:

        @BothSidesNow right? It’s terrifying that he keeps spreading his penguin-esque seed errrrrrywhere!

  14. Gertrude says:

    And yet The Pasty One is leaving a trail of spawn in his wake.

  15. C-Shell says:


    What did Mykonos do to deserve that, poor things.

    Musk’s legal arguments are laughable, and this is just the beginning of how the Ct of Chancery is going to serve them hard truths and life lessons. I’m loving it.

  16. Peanut Butter says:

    Absolutely nothing about Elon is aging well, especially his personality

  17. death by bacon says:

    my eyes, those poor shorts and towel😵