Musk seeks to attraction decide’s discovering that his tweets have been false

Elon Musk is attempting to attraction a decide’s discovering that his 2018 tweet about taking Tesla personal was false.

Musk, and different defendants in a shareholder lawsuit over the tweet, requested US District Judge Edward M. Chen in San Francisco to certify the order so it may be appealed. Pretrial orders typically can’t be appealed.

The shareholders declare that Musk’s “indisputably false” August 2018 tweet and follow-up posts on Twitter price them billions of {dollars} amid wild swings in Tesla’s inventory worth. A trial is scheduled for January. Chen dominated April 1 that no jury may discover that Musk’s tweet wasn’t deceptive.

But in a court docket submitting Friday, Musk’s legal professionals argued that the decide “parsed the individual phrases of the various tweets and indicated certain other information should have accompanied the tweets, even though the short-form Twitter medium limits the number of characters per tweet.”

The court docket should take into account that the statements have been made on social media, and never in a regulatory submitting when analysing whether or not a press release is deceptive, the legal professionals wrote.

“Defendants do not seek interlocutory appeal for purposes of delay; to the contrary, defendants are not seeking a stay of the scheduled January 2023 trial, and anticipate proceeding expeditiously to obtain resolution from the Ninth Circuit before trial,” the legal professionals wrote within the submitting.

The case is In re Tesla Inc. Securities Litigation, 18-cv-04865, US District Court, Northern District of California (San Francisco).

© 2022 Bloomberg

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