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Commercial LitigationOn AppealAI & technologyArtificial intelligence

Musk v. OpenAI

Musk v. Altman, OpenAI, Inc., et al. (OpenAI For-Profit Conversion)

Musk appeals ruling that his claims over OpenAI’s for-profit shift are time-barred

Rank, last 10 weeks Best No. 55 · lowest No. 62
No. 110203040506070 5557595862
At stake
~$150BStakes rated 68 of 100
Score
51.7Out of 100
Latest event
May 18, 20266 months ago
Next step
Not scheduledNothing dated on the record yet
Commenced
Aug 5, 20242 yr 3 mo ago
Court
N.D. Cal.4:24-cv-04722

Stage

Appeal. An appellate court is reviewing a decision. How cases are placed

  1. Filed
  2. Pre-trial
  3. Trial
  4. Decision
  5. AppealNow
  6. Enforcement

Elon Musk sued OpenAI, Sam Altman, Greg Brockman, and Microsoft in federal court in California. He claimed they betrayed OpenAI’s nonprofit founding mission by converting it into a for-profit enterprise, and sought up to roughly $150B in disgorgement. On May 18, 2026, an advisory jury found all his claims time-barred without reaching the merits, the court adopted the verdict, and Musk is appealing to the Ninth Circuit.

Latest development May 18, 2026

On May 18, 2026, a unanimous nine-member advisory jury found all of Musk’s claims time-barred after less than two hours of deliberation. Judge Yvonne Gonzalez Rogers adopted the verdict. Musk’s counsel announced an appeal to the Ninth Circuit, arguing that the case turned on a calendar technicality and that the continuing-violation doctrine should extend the limitations period.

Why it matters

The appeal will decide whether Musk’s challenge to OpenAI’s conversion from a nonprofit research lab into a for-profit company came too late. A reversal would revive untried merits questions about whether OpenAI’s founding commitments were enforceable and were broken, and who can enforce them.

Background

Elon Musk, an OpenAI co-founder and early funder, sued Sam Altman, Greg Brockman, OpenAI, and Microsoft. He alleges that they induced his support with promises that OpenAI would remain a nonprofit developing AI for the benefit of humanity. He claims they then diverted the enterprise to private gain, culminating in OpenAI’s October 2025 restructuring into a public benefit corporation controlled by the OpenAI Foundation.

Musk first sued in California state court in February 2024. He withdrew that complaint in June 2024, a day before a scheduled hearing on OpenAI’s demurrer. In August 2024, he refiled in the U.S. District Court for the Northern District of California with expanded fraud claims. Later amendments added X.AI Corp. as a plaintiff and antitrust theories against Microsoft.

In March 2025, Judge Yvonne Gonzalez Rogers denied a preliminary injunction against the conversion but ordered an expedited trial. In April 2025, OpenAI counterclaimed, calling Musk’s campaign, including a $97.4B “sham” takeover bid, bad-faith harassment. In May 2025, the court sent fraud and unjust-enrichment claims to trial and excluded false-advertising and breach-of-fiduciary-duty theories. A three-week trial began in Oakland on April 27, 2026. Jurors heard from Altman, Brockman, Microsoft CEO Satya Nadella, and Musk himself.

On May 18, 2026, a nine-member advisory jury unanimously found all of Musk’s claims time-barred after less than two hours of deliberation. Judge Gonzalez Rogers adopted the verdict, resolving the case on limitations grounds without deciding whether OpenAI betrayed its founding promises. Musk had sought up to roughly $150B in disgorgement, removal of Altman and Brockman, and an unwinding of the restructuring. He dismissed the outcome as a technicality and is pursuing a Ninth Circuit appeal, invoking among other things the continuing-violation doctrine.

Timeline 8 events

  1. Judgment
    Advisory jury finds claims time-barred and court adopts verdict

    Nine jurors unanimously found the claims untimely after less than two hours of deliberation. Judge Gonzalez Rogers adopted the verdict, and Musk announced a Ninth Circuit appeal.

    Jury dismisses all claims — NPR

  2. Hearing
    Jury trial begins in Oakland

    Over three weeks, jurors heard testimony from Altman, Brockman, Microsoft CEO Satya Nadella, and Musk.

    Musk v. Altman — Wikipedia

  3. Order
    Court narrows Musk’s claims for trial

    Fraud and unjust-enrichment claims proceeded. The court excluded false-advertising and breach-of-fiduciary-duty theories.

    Musk v. Altman — Wikipedia

  4. Filing
    OpenAI counterclaims against Musk

    OpenAI accused Musk of a bad-faith harassment campaign, including a “sham” $97.4B takeover bid for OpenAI’s assets.

  5. Order
    Court denies preliminary injunction and orders expedited trial

    Judge Gonzalez Rogers declined to block the for-profit conversion, finding likelihood of success a toss-up. She offered an expedited trial on the core claims.

    Musk v. Altman — Wikipedia

  6. Filing
    Musk refiles in federal court

    Musk refiled in the U.S. District Court for the Northern District of California with expanded fraud claims. Later amendments added X.AI Corp. as a plaintiff and antitrust theories against Microsoft.

    Musk v. Altman — Wikipedia

  7. Order
    Musk withdraws the state suit

    Musk withdrew the complaint without explanation a day before a scheduled hearing on OpenAI’s demurrer.

  8. Filing
    Musk sues OpenAI and Altman in California state court

    Musk v. Altman — Wikipedia

Experimental AI forecast

How it is made

How will the Ninth Circuit resolve Musk’s appeal of the judgment that his claims against OpenAI are time-barred, by September 30, 2028?

  • Ninth Circuit affirms time-bar ruling55%
  • Still pending on September 30, 202824%
  • Ninth Circuit revives Musk’s claims12%
  • Appeal dismissed or withdrawn5%
  • Musk and OpenAI settle4%
Resolves by
Sep 30, 2028in 23 months
Record confidence
Medium

The Ninth Circuit is most likely to affirm the judgment that Musk’s claims are time-barred, at 55%, by September 30, 2028. The strongest reason is that accrual and notice findings adopted after a full trial get deferential clear-error review, and the advisory jury was unanimous.

How it resolves. Resolves on the Ninth Circuit’s first merits disposition (opinion or memorandum) of Musk’s appeal from the May 18, 2026, judgment, as shown on the public docket. “Affirms” means the time-bar judgment is upheld in full. “Revives” means the court reverses or vacates the judgment as to at least one claim against any respondent. “Settles” means a publicly reported settlement ending the appeal. “Dismissed or withdrawn” means the appeal ends by jurisdictional dismissal or voluntary dismissal without a reported settlement. If none of these has occurred by September 30, 2028, the question resolves as still pending. Later en banc or Supreme Court review does not change the resolution.

Reasoning

Starting point. Ninth Circuit appeals from civil judgments in private commercial cases decided after trial, especially limitations findings.: Federal courts of appeals reverse roughly 10% to 15% of private civil judgments. Post-trial fact findings reviewed for clear error are reversed less often.

Federal appellate courts reverse about 10% to 15% of private civil judgments, and less often when the appeal attacks post-trial fact findings. Here the court adopted a unanimous advisory jury’s limitations verdict, so the underlying findings on when Musk knew or should have known of his claims are reviewed for clear error. Musk’s best path is a legal argument, such as the continuing-violation doctrine or accrual tied to the October 2025 restructuring, which gets de novo review. That raises reversal odds somewhat above a pure fact appeal, so I put revival of at least one claim at 12%. Timing is the main uncertainty. Ninth Circuit civil appeals that are argued often take 15 to 24 months from notice to decision, and the record does not show the notice date or whether OpenAI’s counterclaims remain pending, which could affect finality. That supports a 24% chance the appeal is still open on the resolve date. Settlement looks unlikely given the parties’ public hostility, Musk’s resources, and OpenAI’s interest in a clean precedent after winning at trial. A jurisdictional dismissal or voluntary withdrawal is a small residual risk.

Deferential clear-error review of trial limitations findings · Unanimous advisory jury verdict adopted by the court · Continuing-violation argument offers a de novo legal issue · Ninth Circuit timelines and possible finality questions from counterclaims · Low settlement incentive for OpenAI after trial win

Generated automatically by Claude Opus 5.5 on Sep 24, 2026 from this case’s record on this site, and published without editorial review. The probabilities are the model’s judgment, not measured frequencies, and they are scored publicly as cases resolve. Not legal or investment advice. How the forecasts are made

Disclosure: Anthropic, which makes the model that wrote this forecast, competes with or has commercial ties to a party to this case.