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by compiler-guy 24 days ago
Part of the Statute of Limitations isn't just on when he filed the claim, but when he found out or should have found out, by reasonable diligence that he had a claim at all.

So the question before the jury has a significant component of "Should he have found out by this time?" Which is a question of fact, and facts are typically decided by juries, in the US at least.

The two parties can agree together to let a judge decide facts like this, but generally, if one or the other party wants it to go to a jury, it does.

I'm guessing part of Musk's strategy was to have it go to the jury, which are often seen as easier to manipulate than judges, especially when a case is weak. Or perhaps his team already knew this particular judge would be inclined to rule against him, so did the next best thing.

1 comments

Also, it's worth pointing out that the jury was obviously correct. Musk was lying his ass off. There is no possible way to imagine that Elon Musk, the hyper-online dude obsessed with news, AI, and AI news, would not be aware of the well-publicized events of a company he was personally massively invested in.
I'm having a hard time squaring this view with the prediction markets. 500k+ of volume on Polymarket[0] had Elon losing at only even odds until March, 2:1 until May 15th, and 3:1 before the verdict dropped.

It seems to have been widely reported from the start[1] and throughout[2] that the statute of limitations was a key thing Musk's team had to prove. If it was so clear, why did people think this case had legs?

[0] https://polymarket.com/event/will-elon-musk-win-his-case-aga... [1] https://www.reuters.com/legal/litigation/musk-lawsuit-over-o... [2] https://www.nytimes.com/live/2026/05/14/technology/openai-tr...

Postulate: Prediction markets are not exceptionally good at predicting everything.
If Prediction markets were good at predicting anything, there would be no need for prediction markets (because the future is already clear to everyone).
Prediction markets depend on the "wisdom of crowds", but often the crowd doesn't exercise its wisdom--which is generally pretty good--but instead exercises its wishful thinking or desires.

cf: Sports betting.

A lot of people on polymarket thinking something is the case is probably evidence that it's not.

https://www.google.com/search?q=percentage+of+people+who+los...