Judge Yvonne Gonzalez Rogers to Issue Final Verdict in Musk v. OpenAI Lawsuit
US District Judge Yvonne Gonzalez Rogers is set to deliver the conclusive judgement in the $150 billion lawsuit brought by Elon Musk against OpenAI. While a nine-person jury will provide an advisory decision later this month, Judge Rogers retains ultimate authority, a factor described by plaintiffs’ lawyer Jay Edelson as fundamentally altering the case's dynamics.
Musk, a co-founder of OpenAI, initiated the legal challenge, alleging breach of charitable trust and unjust enrichment following the company's 2019 establishment of a for-profit division. This move preceded the release of ChatGPT, which significantly propelled the commercial AI sector. OpenAI counters that Musk's litigation is an attempt to gain an advantage for his own AI venture, xAI.
Judge Rogers, appointed to the federal bench in Oakland, California, by former President Barack Obama in 2011, has garnered a reputation for her rigorous command of the courtroom. During testimony, when Musk, who is not a lawyer, attempted to instruct OpenAI's counsel, William Savitt, on questioning protocols, Judge Rogers promptly intervened. She reminded Musk, “Let's remind everyone in the courtroom that you are not a lawyer,” a statement that Musk conceded.
Courtroom artist Vicki Behringer noted the dynamic: “He's the wealthiest man in the world. He's used to being on top. She's definitely on top now. She's in charge.” Lawyers who have appeared before Judge Rogers, including Michael Rhodes, a former partner at Cooley LLP where she once practised, describe her as a tough but impartial judge committed to equitable application of the law.
Judge Rogers's judicial record includes presiding over Epic Games' antitrust case against Apple, in which she found an Apple executive to have “outright lied” under oath, referring the matter to the US Attorney's office. She is also overseeing a multi-district litigation consolidating social media addiction lawsuits against Meta, Snap, TikTok, and Google.
Throughout the Musk v. OpenAI trial, which commenced in late April, Judge Rogers has maintained a strict schedule, with early starts and limited breaks. She has also confronted Musk regarding his public commentary on the case via his social media platform X, securing a commitment from him, Sam Altman, and Greg Brockman to refrain from further disparaging remarks outside court proceedings. Despite the high-profile nature of the litigants, Judge Rogers has largely resisted attempts to introduce speculative scientific discussions, such as Musk's comparisons of AI to The Terminator films, into the courtroom.
