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Coupole du Palais de justice de Bruxelles vue depuis le grand hall d'entrée.
Photo: M0tty | CC BY-SA 3.0 | Wikimedia Commons

Musk Seeks Recusal of Delaware Judge Over LinkedIn ‘Like’ in Tesla Pay Cases

Elon Musk has asked Delaware Court of Chancery Judge Kathaleen McCormick to recuse herself from ongoing Tesla shareholder derivative lawsuits, arguing she showed bias by “liking” a LinkedIn post celebrating his roughly $2 billion loss in a separate California fraud case. Musk’s lawyers filed a recusal motion that includes a screenshot of the post and says a McCormick staffer also liked another anti‑Musk post tied to litigation whose underlying facts overlap with the current Tesla cases over alleged overpayment to Musk and the board. McCormick, who previously oversaw Twitter’s 2022 suit forcing Musk to complete his $44 billion acquisition and twice voided his multibillion‑dollar Tesla pay package before the Delaware Supreme Court reinstated it, responded in a letter saying she either did not click “support” or did so accidentally, and has since deactivated her LinkedIn account. The motion also cites Musk’s recent testimony that he felt compelled to close the Twitter deal because he believed McCormick was “extremely biased” against him, while critics online are split between seeing the LinkedIn activity as improper for a sitting judge and viewing Musk’s recusal push as an attempt to sideline an adverse jurist in high‑stakes corporate‑governance fights.

Elon Musk and the Courts Corporate Governance and Delaware Chancery

📌 Key Facts

  • Musk’s attorneys filed a motion in Delaware’s Court of Chancery seeking Judge Kathaleen McCormick’s recusal from Tesla derivative litigation over alleged excessive compensation to Musk and board members.
  • The motion cites McCormick’s apparent LinkedIn ‘like’ of a post mocking Musk’s $2 billion loss in a California fraud case, and notes a court staff member liked another anti‑Musk post related to his pending litigation.
  • McCormick denied intentionally supporting the post in a letter to counsel, said any click was accidental if it occurred at all, and deactivated her LinkedIn account after the incident.

📊 Relevant Data

In 2026, the uncontrolled gender pay gap for Black or African American executive women in the US is $0.64 for every dollar earned by men, and $0.67 for Hispanic executive women.

2026 Gender Pay Gap Report | Statistics on the Controlled and Uncontrolled Pay Gap — Payscale

Black women in the US are paid only 68.3% of white men's median wages, representing one of the widest racial wage gaps.

The pay gap between women and men widened last year, analysis finds — Stateline

Tesla's Board of Directors is 25% female and 75% male, with racial composition of 87.5% White, 12.5% Black/African American, 0% Hispanic/Latino, and 0% Asian.

Tesla Company Profile | DiversIQ — PeopleReturn

Elon Musk's 2018 Tesla pay package, voided by Judge McCormick in 2024, was valued at approximately $56 billion and was later reinstated by the Delaware Supreme Court in 2025.

Musk wins appeal that restores 2018 Tesla pay deal now worth $56 billion — Reuters

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