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A San Francisco judge ruled that Don Lemon's lawsuit against Elon Musk over the cancellation of his X show can proceed to trial.
On Tuesday (July 8), Judge Harold Kahn said Lemon's argument that Musk and his X platform had committed "fraud by false promise" was plausible, allowing his case to move forward to trial, per CNBC.
Lemon initially sued Musk in August 2024 after X cancelled its partnership with the ousted CNN anchor following a tense interview with the tech billionaire. The interview was set to broadcast as part of the premiere of Lemon's new show on Musk's X platform.
During the interview, Lemon pressed Musk about amplifying the "great replacement theory" and other bigoted tropes and falsehoods on X. He also asked Musk about leading mass layoffs at the company and reversing account bans for users who had previously posted hate speech and incited violence on the platform.
On Tuesday, Kahn confirmed the plausibility of Lemon's argument that there was “an implied contract” between the two prior to his show getting abruptly canceled.
Musk's team had attempted to get the case moved from the San Francisco Superior Court to a Texas court and tried to convince the judge to strike the complaint altogether.
A date hasn't been set for Musk's upcoming trial.
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