Elon Musk calls for Delaware judge to recuse in cases alleging bias

Elon Musk’s legal team is demanding Delaware Court of Chancery judge Kathaleen McCormick recuse herself from two cases Tesla’s A lawsuit was filed alleging bias in supporting a LinkedIn post critical of Musk.

“In light of the court’s recent public support for LinkedIn posts that create the perception of bias against Mr. Musk, dismissal is necessary and justified in these cases,” Musk’s lawyer wrote in his motion to dismiss on Wednesday. “These cases should be reassigned to another randomly selected judicial officer of this Court.”

The post, to which McCormick allegedly responded with an emoji, touted a San Francisco federal court ruling that could cost Musk more than $2 billion. In this case, the jury found that Musk defrauded Twitter investors prior to his acquisition of the social network.

McCormick sent a letter to Musk’s lawyers stating that he had not read the full text of the LinkedIn post referenced, that he did not endorse it or intend to click on any emoji expressing support for the post, and that he may have only clicked on the indicator by accident. The letter also stated that it had reported “suspicious activity” on its account to LinkedIn.

Quinn Emanuel partner Alex Spiro, one of Musk’s lawyers, said in an email to CNBC that he received information about the issue from LinkedIn and said, “I do not believe there is any basis for the claim that this is a ‘glitch’.”

Owned by LinkedIn Microsoftdid not immediately respond to a request for comment.

McCormick became the target of Musk’s ire after he ordered Tesla to cancel a 2018 CEO pay package worth about $56 billion while presiding over shareholder litigation between Tornetta and Musk.

Musk has moved his businesses, including Tesla, out of Delaware, incorporating them in Texas and Nevada, and encouraging others to do the same.

In 2025, the Delaware Supreme Court said Musk’s 2018 pay package should be reinstated, and the lower court ruled that McCormick’s ruling was too extreme a remedy and didn’t give Tesla a chance to say what fair compensation for Musk should be.

Tesla and Musk still have two lawsuits pending in Delaware courts before McCormick. One is about compensation for Tesla executives, the other is a consolidated shareholder lawsuit filed by investors who claim Musk breached his fiduciary duties to Tesla when he founded xAI, a potential rival in the artificial intelligence field.

Earlier this year, Tesla invested $2 billion in xAI. Musk’s aerospace and defense company SpaceX later acquired xAI, turning Tesla’s shares into SpaceX holdings.

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