Sen. Ashley Moody, R-Fla., praises Elon Musk’s promise to pay TSA workers and burst gridlock affecting key workers during the shutdown of ‘The Bottom Line.’
A Delaware judge on Monday dismissed several lawsuits against Elon Musk after lawyers for the Tesla CEO accused him of bias over a LinkedIn post that appeared to mock the billionaire.
In the filing, Delaware Court of Chancery Chancellor Kathaleen St. J. McCormick said he will refer the group of cases to another judge after Musk’s lawyers pointed to posts on social media where he appeared to support Musk.
Despite stepping down, McCormick insisted he is not partial to the tech mogul.
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The CEO of SpaceX and Tesla and the owner of Twitter, Elon Musk attends the Viva Technology conference dedicated to innovation and startups at the Porte de Versailles exhibition center on June 16, 2023, in Paris, France. (Chesnot/Getty Images/Getty Images)
“The motion to withdraw rests on the false impression that I support Mr. Musk’s LinkedIn endorsement, which I do not in fact support,” the order said. “I am not partial to the defendants in these actions. In fact, I dismissed the lawsuit against Mr. Musk last year. The motion to dismiss is denied.”
The cases will be overseen by three other judges. McCormick noted that “inappropriate media attention” to his handling of the cases “would be detrimental to the administration of justice.”
“Fortunately, the Court of Justice is much bigger than any one person,” he wrote. “I have full confidence in the abilities of the Vice Chancellors to judge these matters.”
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A screenshot of the LinkedIn post at the center of the decision by Delaware Court Chancellor Kathaleen St. J. McCormick to reassign cases involving Elon Musk. (Court of Chancery of State of Delaware / Fox News)
Musk’s lawyers cited McCormick’s work on social media, saying he used the “support” emoji on LinkedIn in a post celebrating his loss in a separate California case. The post revealed that Musk is responsible for tweets he sent in 2022 about his $44 billion purchase of Twitter in which he allegedly misled investors.
McCormick presided over that case.
The lawyers said one of McCormick’s employees also favored another anti-Musk position related to Musk’s trial.
“These postings to which the Court responded and other responses from the Court’s staff are not only negative criticism of Mr. Musk and his attorneys, they are inflammatory,” Musk’s attorneys wrote.
McCormick later deactivated his LinkedIn account.
Elon Musk’s lawyers say Delaware Chancellor Kate McCormick did more than “like” a LinkedIn post criticizing the tech billionaire, prompting a judge to re-throne the charges against him amid allegations of bias. (Krisztian Bocsi/Bloomberg via Getty Images/Getty Images)
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“I may not have clicked the ‘support’ icon, or I may have done it by mistake,” McCormick wrote in a letter to attorneys in the case. “I can’t believe I did it by accident.”
In another case, McCormick in 2024 closed a multibillion-dollar pay package for Musk and Tesla’s board, saying they breached their fiduciary duties and that Musk effectively controlled the board. The Delaware Supreme Court reinstated the wage package but upheld McCormick’s original findings.
Musk responded that year to X post from a hardline lobbyist about McCormick, writing “total corruption” after the lobbyist noted that he used to work at a Delaware law firm that donated to the former President. Joe Biden.
FOX Business’ Ashley Oliver contributed to this report.
