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<p>A California federal jury nixed billionaire Elon Musk’s lawsuit against OpenAI CEO Sam Altman on Monday, concluding that Musk filed his claims after the statute of limitations had expired.</p>
<p>The jury <a href="https://www.npr.org/2026/05/18/nx-s1-5822366/musk-altman-openai-jury-verdict-claims-dismissed" target="_blank" rel="noopener">returned its verdict</a> after deliberating for just 90 minutes following a three-week trial in the U.S. District Court for the Northern District of California.</p>
<p>Judge Yvonne Gonzalez Rogers, who presided over the case, said that she agreed with the jury’s unanimous decision.</p>
<p>“I’ve always said I would accept the jury’s verdict. I think there’s a substantial amount of evidence to support the jury’s finding,” Gonzalez Rogers said.</p>
<p>Legal experts said the jury likely focused on whether Musk waited too long to file suit under California law.</p>
<p>Vincent Joralemon, a senior fellow at UC Berkeley law school, told <a href="https://nypost.com/2026/05/18/business/elon-musk-loses-lawsuit-against-openai-in-unanimous-verdict/" target="_blank" rel="noopener">The New York Pos</a>t that California imposes a three-year statute of limitations for breach of charitable trust claims and a two-year limit for unjust enrichment claims.</p>
<p>“I’m guessing the jurors got into their room and said, ‘Does it seem like Musk knew about this in 2019?’ and everyone said ‘yes’ and then they go, ‘we’re done,&#8217;” he said.</p>
<p>Musk brought the case in 2024, accusing Altman and OpenAI co-founder Greg Brockman of betraying the organization’s original nonprofit mission by changing OpenAI to a profit-driven enterprise.</p>
<p>OpenAI was founded in 2015 as a nonprofit focused on developing artificial intelligence in a manner that would benefit humanity. Musk, who helped launch the organization and donated roughly $38 million before ultimately leaving the board in 2018, said OpenAI’s leadership abandoned that principle for financial gain.</p>
<p>The SpaceX founder asked for $150 billion in damages — and promised to appeal when the jury decided against him.</p>
<p>“Regarding the OpenAI case, the judge &; jury never actually ruled on the merits of the case, just on a calendar technicality,” Musk said in an X post on Monday.</p>
<p>“There is no question to anyone following the case in detail that Altman &; Brockman did in fact enrich themselves by stealing a charity,” he added. “The only question is WHEN they did it! I will be filing an appeal with the Ninth Circuit, because creating a precedent to loot charities is incredibly destructive to charitable giving in America.”</p>
<p>Musk’s attorney Marc Toberoff also vowed to appeal the decision: “I have a one-word reaction: Appeal. This war is not over.”</p>
<p>Toberoff argued that OpenAI improperly raised money as a publicly subsidized nonprofit before later restructuring into a for-profit operation “where the officers and directors of the charity enrich themselves to the tune of billions.”</p>
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<p dir="ltr" lang="en">Elon Musk’s lawyer, Marc Toberoff, on today’s verdict in the OpenAI case:</p>
<p>“I have a one-word reaction: Appeal. This war is not over. We firmly believe what happened with OpenAI was wrong on a very basic level that you can’t raise millions of dollars in a publicly subsidized… <a href="https://t.co/D6x1Ja43mB" target="_blank" rel="noopener">pic.twitter.com/D6x1Ja43mB</a></p>
<p>— Sawyer Merritt (@SawyerMerritt) <a href="https://twitter.com/SawyerMerritt/status/2056477364134044055?ref_src=twsrc%5Etfw" target="_blank" rel="noopener">May 18, 2026</a></p>
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Jury Nixes Elon Musk’s OpenAI Lawsuit In Under Two Hours
