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Musk’s Case Against OpenAI Heads to Jury After Closing Arguments

The case turns on whether Musk sued in time under the statute of limitations.

Overview

  • Following Thursday’s closing arguments in Oakland, the nine-person jury will begin deliberations next week on Musk’s claims that OpenAI and its leaders breached a charitable trust and were unjustly enriched.
  • The jury must first decide if the suit was filed within the legal time limit, and the judge has said she will likely direct a verdict for the defendants if jurors find it was too late.
  • Musk’s lawyer attacked Sam Altman’s credibility, pointing to five witnesses — including Ilya Sutskever, Mira Murati, and two former board members — who testified that Altman was not truthful.
  • OpenAI’s lawyers argued Musk knew about and supported the for‑profit structure, sought control for himself, and waited too long to sue, with no binding restrictions tied to his $38 million in early donations.
  • Any jury finding is advisory, and the judge will make the binding decision on liability and potential remedies, which could range from no action to leadership changes or the disgorgement Musk seeks of up to roughly $150 billion, with Microsoft also facing aiding‑and‑abetting claims.