Elon Musk, Tesla cleared of liability over claims they misled investors with “funding secured” tweet

In a significant legal victory for Elon Musk and Tesla, a U.S. appeals court upheld a jury’s decision that cleared them of liability over the CEO’s infamous 2018 “funding secured” tweet. Musk’s tweet resulted in substantial volatility for TSLA stock, and it ultimately resulted in the CEO and Tesla paying a combined fine of $40 billion, among others.

The lawsuit against Musk and Tesla was filed by TSLA shareholders back in 2018. As per the legal complaint, which was headed by investor Glen Littleton, the CEO’s “funding secured” tweet was misleading and had caused shareholders significant financial losses. The case went to trial, though a jury ultimately sided with Musk and Tesla in 2023.

In response to the jury’s decision, Littleton’s legal team opted to appeal the verdict, arguing that the judge’s instructions to the jury were flawed and that the jury had not been properly guided. Based on a disposition from the San Francisco-based 9th U.S. Circuit Court of Appeals, however, the plaintiffs’ appeal has been rejected. 

While the three-judge panel acknowledged that Musk’s 2018 tweet might have been reckless, the question of whether the CEO acted knowingly was still relevant if the jurors needed to decide how to apportion damages between the defendants in the case, as noted in a Reuters report.

“Because the district court found that Musk had, at a minimum, tweeted recklessly, the jury did not need to consider knowledge for the scienter element of Littleton’s Rule 10b-5 claim. But knowledge was implicated at another stage of the case: apportionment. If it found liability, the jury would have to apportion liability for damages by deciding whether any defendant knowingly violated the law. Littleton does not dispute that. It was not inaccurate to instruct the jury to decide whether Musk acted knowingly,” the court wrote in its decision. 

Ellyde Thompson, one of Musk and Tesla’s lawyers, welcomed the court’s decision. Littleton’s legal team has not issued a comment about the matter.

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