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Musk Seeks Recusal of Delaware Judge Over LinkedIn ‘Support’ on Post Critical of Him

The filing turns a judge’s LinkedIn reactions into a test of judicial impartiality.

Overview

  • Elon Musk and Tesla asked Delaware’s Court of Chancery to reassign consolidated shareholder cases, citing what they say was Chancellor Kathaleen McCormick’s LinkedIn “Support” for a post celebrating a roughly $2 billion California verdict against him.
  • The motion also flags a “like” from a chambers-linked account on a separate LinkedIn post that criticized Musk and referenced his testimony in the California trial.
  • McCormick told the parties she did not read or endorse the post, reported the activity to LinkedIn as suspicious, and was then locked out of her account.
  • Musk’s lawyers argue the reactions create a reasonable basis to question impartiality under Delaware standards, stressing that “Support” on LinkedIn requires an extra step beyond a default “Like.”
  • A ruling on recusal could shift who oversees cases now before McCormick, including disputes over Tesla directors’ pay, investor claims about 2022 share sales, and a suit tied to Musk’s AI startup xAI.