Tesla CEO Elon Musk will be allowed to amend his countersuit against Twitter, adding the claims from a whistleblower after a ruling from a Delaware judge Wednesday.
Chancellor Kathaleen McCormick said that the bar under state law for granting leave to amend is low and the court “rarely declines amendments,” as reported by the Epoch Times.
McCormick rejected Twitter’s argument that the amendment would be futile, while she declined to speak about the merits of the counterclaim until the case was fully litigated.
The judge did side with the tech giant on scheduling, rejecting Musk’s request to delay the October trial on “confirming additional discovery to the allegations from the whistleblower.”
Musk’s lawyer, Alex Spiro, told the Epoch Times, “We are hopeful that winning the motion to amend takes us one step closer to the truth coming out in that courtroom.”
Peiter Zatko, known to some as Mudge, recently came forward alleging Twitter had lied about the number of “bots” on the platform.
Musk had questioned the validity of the number Twitter claimed to be active accounts for several months after committing to purchase the social platform early this year. Musk also backed out of the $44 billion accusation deal in July, and Twitter sued for breach of contract. When “Mudge” came forward as a whistleblower, Musk countersued Twitter, alleging they committed fraud partly because of the misleading number of bots the platform had detected.
The trial is scheduled for Oct. 17.
