Elon Musk urges Delaware judge to recuse herself over bias claims

Elon Musk's legal representatives are advocating for Judge Kathaleen McCormick from the Delaware Court of Chancery to step down from two Tesla cases, claiming she exhibited prejudice by endorsing a LinkedIn post critical of Musk.

"Due to the Court's recent endorsement of LinkedIn posts creating an impression of bias against Mr. Musk in these matters, a recusal is essential and justified," Musk's lawyers stated in their recent recusal proposal.

"These proceedings should be reassigned to a different randomly chosen judicial officer of this Court."

The disputed post that McCormick supposedly interacted with showcased a verdict from a San Francisco federal court, potentially costing Musk more than $2 billion.

The case found that Musk had misled Twitter investors leading up to his acquisition of the social platform.

In a letter to Musk's lawyers, McCormick wrote that she hadn’t read the LinkedIn post in full, did not endorse it, nor clicked any supporting emoji on purpose, indicating the click was accidental. She further mentioned having notified LinkedIn about potential "suspicious activity" on her profile.

Alex Spiro, a partner at Quinn Emanuel representing Musk, mentioned in an email to CNBC that he has contacted LinkedIn about the issue, conveying skepticism regarding the alleged ‘glitch’ claim.

Musk's frustration towards McCormick grew after she ruled that Tesla should revoke his 2018 CEO compensation plan, valued at approximately $56 billion in stock options, while she presided over the Tornetta v. Musk shareholder lawsuit.

Following the incident, Musk relocated his businesses, such as Tesla, from Delaware to Texas and Nevada, encouraging others to consider similar moves.

In 2025, the Delaware Supreme Court mandated reinstating Musk's 2018 compensation plan, ruling that McCormick’s previous decision was overly harsh and didn’t allow Tesla to argue for an appropriate compensation package for Musk.