Judge Rules Elon Musk Can Amend Twitter Countersuit to Add Whistleblower Claims

Tesla CEO Elon Musk can amend his countersuit against Twitter to add claims from a whistleblower, a Delaware judge ruled on Sept. 7

Chancellor Kathaleen McCormick said that the bar under state law for granting leave to amend is low and the court “rarely declines amendments.”

McCormick rejected arguments from Twitter that the amendment would be futile but declined to speak more about the merits of the counterclaim until the issue has been fully litigated.

She also sided with the technology giant on scheduling, turning down Musk’s request to delay the upcoming trial and confining additional discovery to the allegations from the whistleblower.