Elon Musk appeals $134 billion OpenAI loss, calls verdict a "calendar technicality"

THE DECODER / 5/19/2026

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Key Points

  • Elon Musk lost his lawsuit against Sam Altman and OpenAI, with a jury in Oakland dismissing the case after only two hours of deliberation.
  • Musk had been seeking as much as $134 billion in damages, but the court ruled against his claims.
  • The judge indicated she could have dismissed the case immediately, describing it as effectively ready for dismissal.
  • Musk’s attorney said they would reserve the right to appeal, signaling the dispute may continue through the appeals process.
  • Musk characterized the verdict as a “calendar technicality,” suggesting he believes the outcome was driven by procedural timing rather than substance.

Statue of justicia, cash flying around

Elon Musk has lost his lawsuit against Sam Altman and OpenAI. The jury in Oakland dismissed the case after just two hours of deliberation. Musk had sought up to $134 billion. The judge said she would have been ready to dismiss the case "immediately." Musk's attorney reserved the right to appeal.

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