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Law and regulation · May 18, 2026

A jury rejects Musk's claim against OpenAI

An advisory jury found Musk's claims against Altman, Brockman and OpenAI, for breach of charitable trust and restitution for unjust enrichment, barred by the statute of limitations, and the judge adopted its verdict.

Why it matters

The industry's loudest personal quarrel reached a verdict, and established nothing about whether the non-profit promise was broken.

Musk argued that the founders had turned a charity into their own profit. The jury never reached the questions of liability: it answered only that both claims were time-barred. The trial sheet has it deliberating at 8:58 on the morning of 18 May and returning the verdict at 10:23. The jury was advisory; Judge Yvonne Gonzalez Rogers adopted its verdict as her own findings and confirmed this in an order of 20 May. Musk wrote that the judge and jury had "never actually ruled on the merits of the case, just on a calendar technicality", and his lawyers asked the court the next day to certify the decision for appeal. For the timeline that is the point: whether the ownership of a laboratory founded as a non-profit may lawfully be changed is still unanswered. The trial is over, but the case is not: other claims, antitrust among them, were left for a later phase and sent to mediation in July.

Event record

Event date
May 18, 2026
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Event date
Verification
Sources gathered automatically · September 27, 2026
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ID
evt-0352

The advisory jury's verdict in Oakland, California, on 18 May 2026, by the court's stamp on the verdict form and by the docket entry.

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