Musk’s case against OpenAI lands roughly in its first week

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May 2, 2026, 7:38 AM

• •Musk's case faced setbacks, with admissions about xAI training on OpenAI's models.
• •The judge, not the jury, will decide the case, focusing on breach of contract and charitable-trust obligations.
• •Pre-trial rulings narrowed the scope of the case, dropping Musk's fraud claims.
• •The trial highlights the actions of the litigant, potentially impacting the verdict.

Elon Musk's lawsuit against OpenAI faced challenges during the first week of cross-examination, revealing awkward admissions about xAI's reliance on OpenAI's models. Judge Yvonne Gonzalez Rogers will make the final decision, not the jury, after pre-trial rulings narrowed the legal claims and the judge dismissed Musk's fraud claims. Musk's claims of OpenAI's betrayal were complicated by his own past actions, leading to a trial that is more about the litigant's conduct than the initial narrative. The trial, expected to last several weeks, will determine whether OpenAI breached its obligations, with the final verdict expected from Judge Rogers.

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