But lawyers representing investors are asking judges to go further by issuing “cautious instructions” before Musk runs. They said in previous interviews with lawyers and in a TED talk, Musk said he was “extremely excited” to “clear the record” about his intentions to keep Tesla private.
In Thursday’s court filing, they asked U.S. District Judge Edward Cheng to tell jurors to ignore his testimony that suggested the tweet was true. It is asking the judge to remind jurors that he “acted at least with deliberate recklessness” when he posted the tweet.
“You must also reject and disregard any fact, testimony, or allegation that he acted not innocent, in good faith, or reckless,” plaintiffs’ attorneys said, referring to Musk. proposed to speak to the jury.
In Wednesday’s opening argument, Mr. Musk’s attorney said, “His heart was pure. His intentions were sincere. He acted with good faith” — and “there was no fraud.”
Lawyers on both sides have debated for months about this directive, and how forcefully it should be conveyed to jurors, as claims that Musk’s tweets were false and reckless are usually decided by jurors. , they are important. And with the matter already decided by a judge, investors are much closer to blaming his CEO for billions of dollars.