Elon Musk appeals $134 billion OpenAI loss, calls verdict a "calendar technicality"

Update, May 19, 2026:

Musk announced on X that he will appeal, calling the verdict a "calendar technicality." His argument: the core question of whether OpenAI's commercial arm unlawfully enriched itself through the nonprofit was never actually decided on its merits. The jury rejected all of Musk's claims on statute of limitations grounds alone. The verdict form shows the jury only answered questions about the statute of limitations and never got to the actual allegations.

"There is no question to anyone following the case in detail that Altman & Brockman did in fact enrich themselves by stealing a charity. The only question is WHEN they did it!" Musk wrote.

OpenAI's lawyers argued during the trial that Musk's donations came with no strings attached. The restructuring was necessary to compete in the expensive race against Google Deepmind, they said. Judge Yvonne Gonzalez Rogers upheld the jury's verdict, saying there was a substantial amount of supporting evidence.

Original article, May 18, 2026:

Elon Musk loses his $134 billion lawsuit against OpenAI after jury deliberates for just two hours

Elon Musk has lost his lawsuit against OpenAI. The jury in Oakland, California, dismissed Elon Musk's lawsuit against Sam Altman and OpenAI after just two hours of deliberation. Judge Yvonne Gonzalez Rogers upheld the verdict and stated that she was prepared to dismiss the lawsuit "on the spot." "There’s a substantial amount of evidence to support the jury’s finding," the judge said. The lawsuit against Microsoft, which has been investing in OpenAI since 2019, was also dismissed, CNBC reports.

Musk had sued in 2024 because OpenAI had broken its promise to remain a non-profit organization. He demanded up to 134 billion dollars in "ill-gotten gains" and the removal of Altman and Brockman. OpenAI's lawyers argued that Musk himself had proposed a for-profit structure if he retained control, which apparently caught on with the jury. Musk's lawyer, Steven Molo, reserved the right to appeal after the verdict.