Elon Musk is seeking to remove Kathaleen St. J. McCormick from a high-profile legal battle involving Tesla, arguing that her actions have created a perception of bias. Lawyers representing Musk and Tesla filed a motion in Delaware’s Court of Chancery requesting her disqualification from overseeing consolidated shareholder lawsuits tied to the company.
The dispute centers on activity linked to McCormick’s LinkedIn account following a California federal jury verdict that found Musk liable over his 2022 tweets بشأن his $44 billion acquisition of Twitter. A post by jury consultant Harry Plotkin, who worked with the plaintiffs in that case, appeared to receive a “support” reaction from McCormick’s account. Musk’s legal team argues that this interaction signals endorsement of a message celebrating a multibillion-dollar verdict against him.
McCormick has denied intentionally engaging with the post, stating she was unaware of the reaction until notified and suggesting it may have been accidental. However, Musk’s attorneys contend that the platform’s “support” feature requires a deliberate action and conveys stronger approval than a standard “like.” They also cited additional social media activity, including engagement from a staff account associated with her chambers on a separate post critical of Musk, as further evidence raising concerns about impartiality.
The motion argues that such activity undermines judicial neutrality, particularly because issues from the California case overlap with the Delaware shareholder litigation. This includes claims related to Tesla’s governance and executive compensation, as well as Musk’s conduct during the Twitter acquisition. The legal clash follows a history of tension between Musk and McCormick, including her role in overseeing the 2022 case that led to Musk completing the Twitter purchase and a later ruling that invalidated his multibillion-dollar Tesla pay package. The court has not yet issued a response to the request for recusal.