Delaware Court of Chancery Judge Kathaleen McCormick scheduled a five-day trial for October, rejecting Musk's request for a trial in February 2023.
“The reality is the delay [requested by Musk] threatens irreparable harm to the sellers and to Twitter,”
Musk is trying to get out of the $44 billion deal to buy Twitter, arguing it concealed information about the extent of spam and bots on its service.
Twitter’s lawyer said that the case is simple: Musk broke an agreement. Because the merger doesn’t reference bots, the billionaire’s requests are irrelevant.
“That question is emphatically and plainly not before the court,” Savitt said. “What we have here is a buyer looking to conjure an exit ramp for a deal that doesn’t have one.”
Musk disputes Twitter's claim that fewer than 5 percent of its monetizable daily active users are spam or fake but hasn't offered any hard evidence to refute the statistic.
Twitter's filing said Musk hasn't "present[ed] even a shred of supporting evidence," and that as "a party in breach of his obligations under a merger agreement.
Musk should not be permitted to continue his smear campaign against his contractual counterparty without an obligation to face prompt legal accountability
Musk's lawyer said that "when Mr. Musk started asking questions [about spam accounts], the answers he got were alarming," according to Reuters.
Rossman also pushed back on the notion that Musk was trying to harm Twitter, pointing out the billionaire held a larger stake than the combined holdings of the directors of Twitter,"
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