Don Lemon’s lawsuit against Elon Musk and X over canceled talk show will go to trial

Why it issues: A choose has dominated that the lawsuit introduced by Don Lemon towards Elon Musk and X over the cancelation of the previous CNN host’s present can go to trial. Musk canceled The Don Lemon Present, which was to be hosted solely on X, a couple of hours after the pair had a tense interview that was presupposed to be a part of the debut episode.

San Francisco Superior Court docket Decide Harold E. Kahn mentioned that Lemon’s case can go forward after Musk’s crew tried to have the case moved to a Texas courtroom and tried to have the choose strike the grievance.

Decide Kahn mentioned in his order that Lemon’s authorized crew plausibly alleged that X and Musk had dedicated “fraud by false promise” and that there was “an implied contract” between the events.

“The ruling means Don can maintain X and Musk accountable in open courtroom. Musk is topic to the authorized course of, identical to everybody else, and that is essential,” mentioned Carney Shegerian, who’s representing Lemon.

In the beginning of 2024, Lemon revealed that he had carried out a wide-ranging, 90-minute interview with Musk, throughout which he posed quite a few questions masking a broad spectrum of matters. In line with Lemon, one of many extra contentious points he raised concerned the prevalence of hate speech on X.

Lemon defined that he intentionally challenged Musk on this subject, particularly given the billionaire’s popularity for being overtly essential of journalists and the media. He particularly wished to know whether or not Musk and his management crew felt an ethical or company obligation to actively reasonable hateful and dangerous content material on X, given the platform’s international affect and attain.

“I haven’t got to reply questions from reporters, Don,” Musk replied. “The one motive I am doing this interview is since you’re on the X platform and also you requested for it. In any other case, I might not do that interview.”

Lemon additionally questioned Musk a couple of current assembly with Donald Trump – Musk emphasised that Trump by no means requested him for cash. The billionaire was additionally requested about his use of ketamine and whether or not it will be a difficulty for his authorities safety clearance. Musk mentioned it would not as he has a prescription for the drug.

Lemon says that a couple of hours after the interview concluded, Musk despatched him a message that learn “contract terminated.”

Musk’s personal clarification for why the present was canceled got here within the type of an X put up. “His [Lemon’s] method was principally simply ‘CNN, however on social media’, which does not work, as evidenced by the truth that CNN is dying. And, as an alternative of it being the true Don Lemon, it was actually simply Jeff Zucker speaking via Don, so lacked authenticity,” he wrote.

Musk had requested Lemon if he’d take into account doing his present on X after the host introduced that he’d been fired from CNN following experiences that he mistreated coworkers and made sexist remarks on air. Musk mentioned that the platform had a much bigger viewers than the TV community.

After Lemon filed his lawsuit in August 2024, Musk wrote on X that “He made a sequence of impressively insane calls for. We declined. Subsequently, there was no deal.”

Lemon reportedly demanded $5 million upfront on prime of an $8 million wage, in addition to an fairness stake in X. In line with The New York Post, he additionally wished a free Tesla Cybertruck and a non-public jet to Las Vegas full with a collection for him and his fiancé – and for the corporate to pay for his or her day ingesting and massages.

In line with courtroom information, Lemon was to obtain $1.5 million, in addition to a 60% reduce in advert income and performance-related bonuses based mostly on the present’s variety of followers. Lemon claimed within the go well with that he was “rushed” into agreeing to the partnership deal.

Lemon’s claims towards Musk and X embody fraud, misappropriation of title and likeness and breach of implied contract. The choose dismissed allegations similar to negligent misrepresentation, defamation, retaliation, negligence and harassment. A date has not been set for the trial.