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Apr 26, 2026

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Elon Musk Narrows Legal Battle Against OpenAI Ahead of $134 Billion Trial

Musk drops fraud claims, focusing on nonprofit breach and unjust enrichment allegations

LAT Editorial Team

LAT Editorial Team

Business
Elon Musk Narrows Legal Battle Against OpenAI Ahead of $134 Billion Trial
Photo credits: Fortune

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Elon Musk has significantly reduced the scope of his lawsuit against OpenAI and its co-founders Sam Altman and Greg Brockman, dropping fraud claims just days before the trial is set to begin. The US District Judge approved Musk’s request to streamline the case, leaving only two claims to be heard in court.

This legal showdown centers on Musk’s accusation that OpenAI abandoned its original nonprofit mission when it accepted billions from Microsoft and restructured as a for-profit entity. The outcome could reshape the future of one of the world’s leading AI companies and potentially impact the broader tech industry.

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What’s Left in Musk’s Lawsuit Against OpenAI?

Originally filed in November 2024 with 26 claims, Musk’s lawsuit now focuses solely on allegations of unjust enrichment and breach of charitable trust. These claims accuse OpenAI of violating its nonprofit commitments by accepting massive investments and restructuring its business model.

Musk is demanding up to $134 billion in damages, which he wants directed to OpenAI’s charitable arm if he wins. Additionally, he seeks a court order to restore OpenAI’s nonprofit status and remove Altman and Brockman from their leadership roles.

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Trial Structure and Key Players

The trial, set to begin with jury selection on Monday in Oakland, California, will unfold in two phases. The jury will first consider Musk’s claims and deliver an advisory verdict, which the judge will then use to make a final ruling.

OpenAI, along with Altman, Brockman, and Microsoft, denies all allegations, calling Musk’s lawsuit baseless harassment. The company also accused Musk of a “legal ambush” due to last-minute changes in his requested remedies.

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Background: From Co-Founders to Competitors

Musk co-founded OpenAI in 2015 alongside Altman and others but left the board in 2018. Since then, relations have soured, especially after Musk launched xAI in 2023, positioning it as a direct competitor to OpenAI.

In early 2024, Musk made an unsolicited $97.4 billion bid to acquire OpenAI’s nonprofit assets, which was rejected. OpenAI then completed its transition to a for-profit structure, enabling it to raise more capital and explore public offerings.

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What’s Next: The Trial and Its Potential Impact

As the trial approaches, all eyes are on the courtroom in Oakland. The verdict could not only determine the fate of OpenAI’s leadership and business model but also set precedents for how AI companies balance profit motives with ethical commitments.

OpenAI has called Musk’s claims 'baseless harassment' and accused him of a 'legal ambush' with the trial looming.OpenAI spokesperson

The case, Musk v. Altman, will be closely watched by investors, tech leaders, and policymakers as it unfolds in the coming weeks.

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