Judge Rules Don Lemon’s Lawsuit Against Elon Musk and X Can Proceed to Trial

Andy Kropa/Invision/AP; AP Photo/Michel Euler, File

A judge has ruled that Don Lemon’s lawsuit against Elon Musk and X over their failed partnership can proceed to trial, rejecting arguments by the defendants trying to throw out his complaint and allowing the majority of the claims to go forward.

In January 2024, it was announced  that Lemon would be launching a new program, The Don Lemon Show, on X — but the show was dead on arrival, with Musk nixing the deal before the premiere episode aired that March.

The breaking point was the first interviewee: Musk himself. After the interview had been recorded, Lemon posted that Musk “has canceled the partnership I had with X,” and had “informed me of his decision hours after an interview I conducted with him on Friday.” Musk posted his own retort, accusing Lemon of having an “approach” that “was basically just ‘CNN, but on social media’” and “lack[ing] authenticity” by acting as “really just Jeff Zucker talking through Don” instead of “the real Don Lemon.”

Lemon released the video of Musk, whom he described as the most “sensitive or touchy” person he had ever interviewed. The conversation started out on friendly terms, but Musk became increasingly uncomfortable and agitated as the interview went on, eventually ending the interview abruptly and walking out.

The former CNN anchor filed suit in August 2024, accusing Musk and then-CEO Linda Yaccarino of using Lemon’s reputation as a journalist to help lure back unhappy advertisers, but then wrongfully cancelling the contract and “dragg[ing] Don’s name through the mud,” as Carney Shegerian, one of Lemon’s attorneys, described the case in a statement to Mediaite at the time.

In the complaint, Lemon acknowledged the parties had not entered into any formal written contract, but that does not preclude a litigant from bringing a breach of contract claim based on the parties’ understanding of their deal, shown by evidence of verbal conversations, emails, text messages, and other conversations. According to Lemon, Musk, Yaccarino, and others had promised him X would not attempt to control or censor his speech and his interview with Musk would unedited and without restriction.

The ruling by California Superior Court Judge Harold Kahn went through each cause of action in Lemon’s complaint, and ruled most of them can proceed forward (Kahn did rule that several counts against former X head of content Brett Weitz should be dismissed; most counts against X and the other defendants were ruled sufficient to proceed.)

For this kind of defense motion at this stage in civil litigation, the court is tasked with assuming the factual allegations in the complaint will be proven accurate at trial and then analyzes the challenged counts of the complaint to decide whether they adequately state a legal cause of action for which the court has the power to grant relief. This is not a ruling on the merits of the plaintiff’s claims or alleged facts.

Kahn ruled that Lemon’s claims of fraud by false promise, negligent misrepresentation, misappropriation of name, misappropriation of likeness, breach of implied contract, defamation, coerced self-defamation, retaliation, harassment, failure to prevent retaliation and harassment, negligence based on conduct other than retaliation and harassment, promissory estoppel, and unjust enrichment (the first through fourth, and sixth through fourteenth causes of action, respectively) could move forward.

Regarding the fifth count, for breach of express contract, Kahn ruled against Lemon but granted leave to amend to add more specific allegations.

Lemon’s attorney Shegerian issued the following statement to Mediaite regarding Kahn’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. There’s no question about Musk’s motives and liability, as documented in his own texts and on X for millions to see.

Order Re x Corp Demurrer (Lemon) by sarahrumpf on Scribd

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