IANAL but civil statute of limitations is based on when the prosecuting party reasonably discovered they were wronged and had legal recourse, not when the event happened. It is entirely possible to debate when that was in this case.
Regarding the OpenAI case, the judge & jury never actually ruled on the merits of the case, just on a calendar technicality.
There is no question to anyone following the case in detail that Altman & Brockman did in fact enrich themselves by stealing a charity. The only question is WHEN they did it!
I will be filing an appeal with the Ninth Circuit, because creating a precedent to loot charities is incredibly destructive to charitable giving in America.