A California judge has ruled that former CNN anchor Don Lemon’s lawsuit against Elon Musk and the social media platform X can proceed to trial.
The decision was handed down Tuesday by San Francisco Superior Court Judge Harold E. Kahn, who rejected Musk’s attempt to transfer the case to Texas.
The ruling stems from a legal complaint Lemon filed in August 2024.
In the lawsuit, Lemon alleges that Musk and X violated their agreement by canceling a planned show on the platform and failing to compensate him as agreed.
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The complaint includes claims of breach of contract, misrepresentation, and fraud.
Lemon's legal counsel, Carney Shegerian, issued a statement following the judge’s ruling: “The ruling means Don can hold X and Musk accountable in open court. Musk is subject to the legal process, just like everyone else, and that’s important.”
Shegerian added, “There’s no question about Musk’s motives and liability, as documented in his own texts and on X for millions to see.”
The dispute began after Lemon conducted an interview with Musk in March 2024, which was supposed to serve as the debut episode of "The Don Lemon Show" on the platform.
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Following the interview, Musk reportedly terminated the agreement.
“Elon Musk has canceled the partnership I had with X, which they announced as part of their public commitment to amplifying more diverse voices on their platform,” Lemon posted on X at the time.
“He informed me of his decision hours after an interview I conducted with him on Friday.”
Elon Musk has cancelled Don Lemon’s new show on X… To be honest, I didn’t even know Lemon was supposed to get a new show until now, but I am glad it’s been cancelled. Lemon is a toxic propagandist parasite.
You will NEVER be Tucker Carlson, Don!pic.twitter.com/HjFhKhQwxH — Suburban Black Man 🇺🇸 (@niceblackdude) March 13, 2024
Lemon claimed that the interview had no preconditions and that Musk agreed to participate without any limitations.
“There were no restrictions on the interview that he willingly agreed to, and my questions were respectful and wide-ranging, covering everything from SpaceX to the presidential election,” Lemon said.
Musk reportedly called the interview “invasive and charged,” leading to the breakdown of the professional relationship.
BREAKING: Don Lemon's representatives denied the demands he made, but they were lying. DailyMail has obtained paperwork outlining Lemon's original demands:
• Don wanted control on every creator that was coming to the platform • Don wanted a voice into what type of news… pic.twitter.com/mTnTSoQCOL — DogeDesigner (@cb_doge) March 19, 2024
In response to Lemon’s public announcement, X issued a statement in March 2024 regarding the cancellation of the project.
The company emphasized its support for free speech and reiterated that Lemon remained free to publish his content on the platform.
"X is a platform that champions free speech, and we’re proud to provide an open environment for diverse voices and perspectives,” the company stated.
“However, like any enterprise, we reserve the right to make decisions about our business partnerships, and after careful consideration, X decided not to enter into a commercial partnership with the show.”
X is a platform that champions free speech, and we’re proud to provide an open environment for diverse voices and perspectives. The Don Lemon Show is welcome to publish its content on X, without censorship, as we believe in providing a platform for creators to scale their work…
— Business (@XBusiness) March 13, 2024
The legal battle now moves forward in California after Judge Kahn denied Musk’s request to relocate the case to Texas, where X is headquartered.
The decision keeps the dispute within the jurisdiction where the agreement and related communications allegedly took place.
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