The jury in the Musk v. Altman trial unanimously dismissed all charges due to the statute of limitations, ruling against Elon Musk's claims that OpenAI breached its charitable trust and that Microsoft aided in the breach.
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<p class="has-text-align-none">After around two hours of deliberation, the jury has reached a unanimous verdict in <em><a href="https://www.theverge.com/tech/917225/sam-altman-elon-musk-openai-lawsuit">Musk v. Altman</a></em>, the tech trial of the year. The group found that two claims were barred by the statute of limitations, and a third failed thanks to the dismissal of one of these.</p>
<p class="has-text-align-none">The jury here is an advisory jury, meaning the group is installed solely to offer another opinion to the judge, and its verdict is technically not legally binding. Ultimately, US District Judge Yvonne Gonzalez Rogers is the ultimate legal authority - and she accepted the decision.</p>
<p class="has-text-align-none">The jury found that Musk's claim for breach of charitable trust was barred by the statute of limitatio …</p>
<p><a href="https://www.theverge.com/ai-artificial-intelligence/932383/jury-verdict-musk-v-altman-openai-trial">Read the full story at The Verge.</a></p>
# Elon Musk loses his case against Sam Altman
Source: [https://www.theverge.com/ai-artificial-intelligence/932383/jury-verdict-musk-v-altman-openai-trial](https://www.theverge.com/ai-artificial-intelligence/932383/jury-verdict-musk-v-altman-openai-trial)
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The Musk v\. Altman jury dismissed all charges due to the statute of limitations\.
The Musk v\. Altman jury dismissed all charges due to the statute of limitations\.
by
May 18, 2026, 5:39 PM UTC


Image: Alex Parkin / The Verge
[](https://www.theverge.com/authors/hayden-field)
Hayden Field
is The Verge’s senior AI reporter\. An AI beat reporter for more than five years, her work has also appeared in CNBC, MIT Technology Review, Wired UK, and other outlets\.
After around two hours of deliberation, the jury has reached a unanimous verdict in*[Musk v\. Altman](https://www.theverge.com/tech/917225/sam-altman-elon-musk-openai-lawsuit)*, the tech trial of the year\. The group found that two claims were barred by the statute of limitations, and a third failed thanks to the dismissal of one of these\.
The jury here is an advisory jury, meaning the group is installed solely to offer another opinion to the judge, and its verdict is technically not legally binding\. Ultimately, US District Judge Yvonne Gonzalez Rogers is the ultimate legal authority — and she accepted the decision\.
The jury found that Musk’s claim for breach of charitable trust was barred by the statute of limitations, and the claim that Microsoft aided and abetted such a breach failed with it\. Restitution is also barred by the statute of limitations, the jury found\.
*Musk v\. Altman*has taken over a federal courtroom in Oakland for three weeks, with the core accusation being that OpenAI strayed from its founding mission and that Musk’s money was earmarked for a nonprofit in particular\. Musk alleges that OpenAI CEO Sam Altman and company president Greg Brockman breached OpenAI’s charitable trust and participated in unjust enrichment at Musk’s expense\. He also alleges that Microsoft aided and abetted the two in breach of charitable trust\. Both sides have used every opportunity to smear each other — and through[salacious evidence](https://www.theverge.com/ai-artificial-intelligence/920775/evidence-exhibits-elon-musk-sam-altman-openai-trial)and[eyebrow\-raising testimony](https://www.theverge.com/ai-artificial-intelligence/931006/musk-v-altman-closing-arguments-analysis), both sides have come out looking somehow even less trustworthy than when the court process began\.
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- Hayden Field
## The Verge Daily
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A California jury dismissed Elon Musk's lawsuit against OpenAI CEO Sam Altman, ruling that Musk filed the suit beyond the statute of limitations, thereby sidestepping the core claims about OpenAI's mission shift.
Elon Musk's lawsuit against Sam Altman and OpenAI was dismissed by a jury on statute of limitations grounds, finding that any harms occurred before the filing deadline. This removes a major threat to OpenAI ahead of its reported IPO.
The article outlines the narrow legal issues the jury must decide in Elon Musk's lawsuit against OpenAI and Sam Altman, including breach of charitable trust, unjust enrichment, and Microsoft's involvement, along with OpenAI's defenses like statute of limitations.
The jury in Musk v. Altman has returned a unanimous verdict, finding all three of Elon Musk's claims against OpenAI barred by the statute of limitations.
A jury unanimously ruled that Elon Musk waited too long to file his lawsuit accusing OpenAI and Sam Altman of misusing charitable funds, dismissing the case on statute of limitations grounds. Musk plans to appeal.