Jury selection starts in Elon Musk’s lawsuit against OpenAI

In short: Jury selection begins today in federal court in Oakland for Elon Musk’s lawsuit against OpenAI, Sam Altman, and Microsoft.

What happened

Jury selection started Monday, April 27, 2026, in federal court in Oakland, California. The case pits Elon Musk against OpenAI and its CEO, Sam Altman. Microsoft is also a defendant.

The trial is being overseen by US District Judge Yvonne Gonzalez Rogers. She previously presided over the Epic Games antitrust case against Apple.

The dispute has narrowed a lot right before trial. Musk dropped 24 claims, including fraud allegations. What remains are two claims tied to OpenAI’s shift from a nonprofit group, which is meant to serve a public mission, to a for-profit company, which is meant to make money for owners and investors.

One claim is “unjust enrichment,” which in plain terms means Musk argues OpenAI unfairly benefited financially from changing course. The other is “breach of charitable trust,” which is a claim that a group did not follow the purpose it promised when it was set up to serve the public (like a charity not using donations the way it said it would). Musk also argues Microsoft helped this happen.

Musk donated about $38 million in early funding and filed the lawsuit in November 2024. He is seeking roughly $134 billion in damages and is asking the court to push OpenAI back to nonprofit status.

Why it matters

OpenAI is a major AI company, and Microsoft is a key partner. The trial could affect how AI companies are allowed to change from nonprofit promises to profit-driven business plans, and how much control early backers can claim when the stakes become enormous.

Source: NYTimes