Lawyers for Tesla shareholders suing the electric vehicle maker’s CEO Elon Musk over a misleading tweet are urging a federal judge to reject the billionaire’s request to move an upcoming trial to Texas from California.
The lawyers also argued Musk only has himself to blame for any negative perceptions, largely because of his frequent activity on Twitter, the social media platform that he now owns and runs.
The filing comes less than a week after Musk's lawyer, Alex Spiro, asked U.S. District Judge Edward Chen, the state where Musk moved Tesla's headquarters in 2021 after spending nearly 20 years in its original Silicon Valley home. If the trial isn't transferred, Spiro is pushing for a delay of the start of jury selection, currently scheduled for Tuesday.
Chen has scheduled a hearing for Friday to hear further arguments about Musk's effort to move or delay the trial. The judge already has determined that Musk'sleaving it to a jury to decide whether he acted recklessly by posting it and whether it caused financial harm to Tesla shareholders. After adjusting for two stock splits made since 2018, Tesla's shares are now worth nearly six times more than at the time of Musk's tweets about the bogus buyout.
The backlash to those actions, which Musk has defended as moves to pare Twitter's losses and protect free-speech rights, increased the chances potential jurors will be biases against him, according to Spiro. Among other factors, Spiro cited the possibility that potential jurors drawn from the San Francisco Bay Area may have been recently laid off at Twitter or may know someone who lost their job after Musk's takeover.
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