A federal jury ruled against Elon Musk in his lawsuit against OpenAI on Monday, May 18, 2026, finding that he waited too long to bring his claims against the AI company and its top executives, Sam Altman and Greg Brockman. The nine-member panel deliberated for under two hours before delivering a unanimous verdict in an Oakland, California courtroom.
The jury’s decision was a nonbinding recommendation to US District Judge Yvonne Gonzalez Rogers, who immediately accepted it as her own, making it final. Because the jury found that statutes of limitations had expired before Musk filed his lawsuit in 2024, it did not weigh in on his three underlying claims: breach of charitable trust, unjust enrichment, and, against Microsoft, aiding and abetting.
Musk had argued that Altman and Brockman, with backing from Microsoft, transformed OpenAI far beyond what was originally envisioned when the three of them co-founded it as a nonprofit nearly 11 years ago. His bid to settle the lawsuit just before trial began was rejected.
Neither Musk, Altman, nor Brockman were present when the verdict was read. Musk’s attorney, Marc Toberoff, offered a single word to reporters leaving the courtroom: “Appeal.” OpenAI attorney William Savitt had previously described Musk’s lawsuit as a “gloriously” played out “pageant of hypocrisy.” During the trial, Musk was under a court order not to post on social media and spent only about three days in the courtroom before traveling to China with President Donald Trump’s delegation.
While the outcome was a clear legal defeat for Musk, the trial may have carried costs for OpenAI as well. New details emerged about Brockman’s wealth and Altman’s alleged history of dishonesty, and both executives devoted significant time to depositions, testimony preparation, and court appearances.
Source: WIRED