Elon Musk’s Lawsuit Against OpenAI Set for Jury Trial in March 2026
Elon Musk’s lawsuit against OpenAI will go to trial after a judge confirmed evidence supports his claims
Musk helped start OpenAI and put in money but quit the board in 2018. He wanted to be CEO, but the other founders picked Altman instead. He said he left because of possible conflicts with Tesla, which makes self-driving cars. After leaving, Musk became a strong critic of OpenAI’s decisions to focus on profit.
In February 2025, Musk made a huge offer of $97.4 billion to buy OpenAI, but Altman turned him down. OpenAI was founded in 2015 as a nonprofit but started changing in 2019 by creating a for-profit part. This change was made to get more money to grow and attract better workers.
Musk’s lawsuit could not stop OpenAI from changing its structure. In October 2025, the company finished changing its form. The new for-profit part is now a Public Benefit Corporation, while the original nonprofit still owns part of it. Musk wants money back from OpenAI, saying they gained unlawfully from his investment of about $38 million.
Recently, Judge Yvonne Gonzalez Rogers found evidence supporting Musk’s claims. She set the jury trial for March.