Elon Musk has formally demanded that Delaware Judge Kathaleen McCormick recuse herself from ongoing Tesla lawsuits, citing alleged bias demonstrated by her recent activity on social media. Musk's legal team filed a motion for recusal in Delaware’s Court of Chancery, presenting a screenshot showing Judge McCormick liking a LinkedIn post that celebrated Musk’s $2 billion court loss in a separate case. The attorneys argued that this incident 'does not exist in a vacuum,' referencing McCormick's history of presiding over high-stakes cases involving Musk and suggesting a pattern of bias stretching back years [1].
The motion also highlighted that McCormick appeared to support a lawyer who mocked Musk's legal defeat in a California fraud case, and that one of her staff members liked another anti-Musk post related to Musk's pending litigation. Musk's lawyers described these posts as 'inflammatory,' emphasizing that the facts underlying the litigation celebrated in the posts are directly relevant to the current consolidated actions involving Tesla shareholders, who allege Musk harmed the company by overpaying himself and board members [1].
Judge McCormick responded by deactivating her LinkedIn account and issuing a letter to attorneys in the case, denying intentional support for the anti-Musk post. She stated, 'I either did not click the ‘support’ icon at all, or I did so accidentally,' and clarified, 'I do not believe that I did it accidentally' [1].
Musk has previously accused McCormick of bias, notably during the 2022 Twitter (now X) lawsuit, where she presided over the case to force Musk to complete his $44 billion acquisition of the company. Musk testified that he felt compelled to proceed with the acquisition due to perceived bias from McCormick. He also referenced her decision to strike his Tesla option grant, which was later overturned by the Delaware Supreme Court, stating, 'So it’s accurate to say she was, that judge was not favorably inclined to me. Not objective' [1].
McCormick has twice voided a multibillion-dollar pay package for Musk in 2024, further fueling the ongoing friction between the judge and the tech billionaire [1].
CONCLUSION
Elon Musk's demand for Judge McCormick's recusal underscores escalating tensions in Tesla-related litigation, with allegations of judicial bias potentially impacting shareholder lawsuits. The controversy has significant market implications for Tesla (TSLA), as the outcome of these legal proceedings could affect executive compensation and corporate governance. Investors will be closely watching for any developments in the court's response to Musk's motion and the broader impact on Tesla's leadership.