“You must also reject and disregard any fact, testimony, or argument that he acted innocently, in good faith, or anything less than recklessly,” the plaintiffs lawyers suggested Chen tell jurors, referring to Musk.
In opening arguments Wednesday, Musk’s lawyer said, “His mind was pure. His intentions were sincere. He was operating in good faith” — and “there was no fraud.”
Lawyers for both sides have argued for months over the instructions, and how forcefully they should be conveyed to jurors. They’re important because the claims that Musk’s tweets were false and reckless would ordinarily be decided by jurors — and having the issue already decided by the judge puts investors much closer to holding the CEO liable for potentially billions of dollars.
‘Enforcement 40’ for 2020
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