A federal jury in Oakland unanimously rejected Elon Musk’s lawsuit against OpenAI on May 18, 2026, and the Elon Musk OpenAI lawsuit verdict came down on timing rather than merits: jurors found Musk waited too long to sue, and U.S. District Judge Yvonne Gonzalez Rogers adopted their findings and dismissed the case in its entirety.1NPR. Musk Altman OpenAI Jury Verdict Claims Dismissed2CNN. OpenAI Musk Lawsuit Verdict Musk had sought $150 billion in damages, the removal of Sam Altman and Greg Brockman from OpenAI’s leadership, and reversal of the company’s conversion from a nonprofit to a for-profit entity.3CBS News. Musk OpenAI Lawsuit Dismissed Jury Recommendation None of that survived the statute-of-limitations ruling. Musk has said he intends to appeal to the Ninth Circuit.
What the Jury Decided
The nine-member advisory jury deliberated for less than two hours before returning its unanimous verdict.3CBS News. Musk OpenAI Lawsuit Dismissed Jury Recommendation Jurors found that Musk had been aware of the conduct he was alleging as a breach of charitable trust more than three years before he filed suit in August 2024, placing his claims outside the three-year statute of limitations. The same finding disposed of the aiding-and-abetting claims against Microsoft, which said it “welcome[d] the jury’s decision to dismiss these claims as untimely.”4NBC News. OpenAI Elon Musk Case Verdict
Judge Gonzalez Rogers formally adopted the jury’s findings. “The court now confirms the prior indication that it would accept the jury’s findings as its own,” she said, adding that there was “a substantial amount of evidence to support the jury’s finding.”2CNN. OpenAI Musk Lawsuit Verdict5CNBC. Musk Altman OpenAI Trial Verdict
Because the case ended on timeliness, the jury never reached the underlying questions. It did not decide whether Altman and Brockman actually breached OpenAI’s charitable trust, whether the for-profit conversion was improper, or whether Microsoft’s investments amounted to aiding a breach.6Al Jazeera. Musk vs Altman What to Know About the OpenAI Verdict
What Musk Was Asking For
Musk first sued OpenAI in San Francisco state court on February 29, 2024, then withdrew that case and refiled in federal court on August 5, 2024. The federal case, Musk v. Altman, Case No. 4:24-cv-04722, was filed in the U.S. District Court for the Northern District of California.7Court Listener. Musk v. Altman Docket8PBS. Jury Sides With OpenAI Saying Elon Musks Lawsuit Was Not Filed on Time1NPR. Musk Altman OpenAI Jury Verdict Claims Dismissed
The relief sought was sweeping. Musk asked for $150 billion in damages, with any award directed to OpenAI’s charitable arm, along with the ouster of Altman and Brockman and a court order unwinding the corporate restructuring.3CBS News. Musk OpenAI Lawsuit Dismissed Jury Recommendation He had contributed roughly $38 million to the founding effort and resigned from the board in February 2018 after his push for majority equity, absolute control, and the CEO title was rejected.
Why the Clock Had Run
The core of OpenAI’s defense was that Musk had publicly complained about the very conduct he was suing over long before he filed. OpenAI’s attorneys pointed to Musk’s own comments from as early as 2020, including his statement that OpenAI had been “captured by Microsoft,” as evidence he knew about the alleged breaches well outside the three-year window.5CNBC. Musk Altman OpenAI Trial Verdict9GeekWire. Jury Finds Musk Waited Too Long to Sue OpenAI and Microsoft
OpenAI’s lead counsel, William Savitt, told the jury in closing that Musk had been “sitting on” his claims and had turned the lawsuit into “a weapon of a competitor” only after launching his rival AI firm xAI.5CNBC. Musk Altman OpenAI Trial Verdict Savitt also noted during closings that Musk was not in the courtroom, having traveled to China with Donald Trump.10The Guardian. Sam Altman Elon Musk OpenAI Lawsuit
The three-week trial had featured testimony from Musk, Altman, Brockman, former board member Tasha McCauley, and Shivon Zilis, a venture capitalist who served on OpenAI’s board. None of that testimony ended up mattering to the outcome, because jurors resolved the case on the threshold timing question and went no further.
The Planned Appeal
Musk announced immediately after the verdict that he would appeal to the Ninth Circuit Court of Appeals. He called the ruling a “calendar technicality” and warned that it would set a “precedent to loot charities.”11Deadline. Elon Musk Response OpenAI Trial Verdict His attorney, Steven Molo, reserved the right to seek relief from the trial judge as well, though Judge Gonzalez Rogers signaled she was prepared to reject any such motion “on the spot.”5CNBC. Musk Altman OpenAI Trial Verdict
As of mid-June 2026, Musk had not formally filed a notice of appeal with the district court. A prediction-market tracker resolved the question of whether he would file before June 14, 2026 as “No.”12Business Insider. Elon Musk Appeal Lawsuit OpenAI Verdict An appeal, if pursued, would ask the Ninth Circuit to revisit the timeliness ruling; it would not, at least at the outset, put the merits of the charitable-trust claims before a new fact-finder.
What the Verdict Changed for OpenAI
The corporate restructuring Musk asked the court to unwind had already been completed by the time the verdict came down. In October 2025, OpenAI finished its recapitalization: the original nonprofit became the “OpenAI Foundation,” holding a 26 percent stake in a new for-profit public benefit corporation called “OpenAI Group.” Microsoft holds roughly 27 percent, valued at approximately $135 billion, with investors and employees holding the remainder.13TechCrunch. OpenAI Completes Its For-Profit Recapitalization The conversion was approved by the Attorneys General of California and Delaware, with California AG Rob Bonta securing conditions that include quarterly meetings with company leadership, a special safety committee inside the nonprofit with authority to halt model releases, and a commitment to keep OpenAI headquartered in California.14Politico. OpenAI Business Restructuring California
With the lawsuit dismissed, reporting from Reuters characterized the outcome as clearing an obstacle to a potential initial public offering, and coverage indicated OpenAI is moving to go public before rival Anthropic, which is also reported to be planning an IPO by the end of 2026.15Reuters. OpenAI Defeats Elon Musks Lawsuit Removes Obstacle to IPO16Yahoo Finance. OpenAI Prevails in Musks Lawsuit Paving the Way for IPO OpenAI was valued at approximately $852 billion as of mid-2026.17Fox Business. Musk Altman OpenAI Lawsuit Trial Verdict
OpenAI also has live counterclaims against Musk that the court upheld in August 2025, accusing him of using a “sham bid” to buy the company for $97.4 billion in an effort to unlawfully disrupt a competitor.18Courthouse News Service. Trial Likely in Elon Musk OpenAI Fight Those counterclaims were not resolved by the May 18 verdict, which addressed only Musk’s affirmative case.