Elon Musk’s legal team is calling for the recusal of Delaware Court of Chancery Judge Kathaleen McCormick from two ongoing lawsuits involving Tesla, citing potential bias linked to her interaction with a LinkedIn post critical of Musk. In a motion submitted on Wednesday, Musk’s attorneys argued that McCormick’s public endorsement of the post creates an appearance of bias that undermines the integrity of the proceedings. They requested that the cases be reassigned to another judge.
The LinkedIn post in question celebrated a federal court verdict from San Francisco which found Musk liable for defrauding Twitter investors during his acquisition of the platform, a ruling that could impose a financial hit of up to $2 billion. McCormick reportedly acknowledged reacting to the post with an emoji but claimed in a letter to Musk’s lawyers that she had not read the full content, did not support it, and only clicked the emoji by accident. She also noted that she had flagged “suspicious activity” on her LinkedIn account.
Alex Spiro, a partner at Quinn Emanuel and Musk’s attorney, emphasized in an email to CNBC that he has engaged LinkedIn regarding the matter, expressing skepticism about the judge’s explanation, which he described as a “glitch.” LinkedIn, part of Microsoft, has yet to provide a comment on the situation.
Judge McCormick has been in the spotlight for her decisions related to Musk, particularly her order for Tesla to rescind his 2018 pay package valued at approximately $56 billion in options during the shareholder lawsuit Tornetta v. Musk. Following that ruling, Musk relocated several of his companies, including Tesla, from Delaware to Texas and Nevada, encouraging others in the industry to do the same.
A 2025 ruling from Delaware’s Supreme Court reinstated Musk’s compensation package, determining that McCormick’s initial decision was overly punitive and didn’t allow Tesla to present its view on what constitutes fair compensation for Musk. Despite that setback, two significant cases still progress through Delaware courts under McCormick’s oversight. One case involves Tesla directors’ compensation, while the other is a consolidated shareholder suit focusing on allegations that Musk breached his fiduciary duties to the company by launching xAI, a potential rival in the artificial intelligence sector.
Earlier this year, Tesla poured $2 billion into xAI, which was subsequently acquired by SpaceX, converting Tesla’s stock into holdings within Musk’s aerospace company.
As legal battles unfold, Musk continues to command significant media attention, with his ventures consistently shaping discussions across the tech and business landscapes.
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Original Source: https://www.cnbc.com/2026/03/25/elon-musk-calls-for-delaware-judge-to-recuse-in-cases-alleging-bias.html
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Publish Date: 2026-03-26 02:08:00
