A federal jury in San Francisco found in March 2026 that Elon Musk made materially false or misleading statements to Twitter shareholders in the weeks before he completed his 44 billion dollar takeover of the company, in a verdict that exposed him to damages that plaintiffs’ lawyers put at up to 2.6 billion dollars. The jury returned its decision on 20 March 2026 after four days of deliberation at the end of a three-week trial.
The case turned on two posts Musk published on Twitter itself in May 2022, on 13 and 17 May. In the first he wrote that the deal was temporarily on hold pending details on the proportion of fake and spam accounts on the platform. Twitter’s share price fell sharply in response, sliding close to ten per cent in a single session. The jury found unanimously that both statements were materially false or misleading and that they harmed shareholders who sold during the period that followed.
The jury drew a distinction that matters legally. While it found the statements false or misleading and damaging, it did not find that Musk had engaged in a scheme to defraud investors. Securities law treats those as separate questions: a defendant can be liable for misstatements without the jury concluding that there was a coordinated plan to deceive. The split verdict limited the theories available to the plaintiffs while leaving the core finding of liability intact.
The action, Pampena v. Musk, was filed in October 2022 by the investor Giuseppe Pampena on behalf of a class of people who sold Twitter shares between mid-May and early October 2022. That window covers the period between the on-hold post and the completion of the acquisition, when Musk bought the company at 54.20 dollars a share. Class members are, in substance, shareholders who sold into a depressed market and did not receive the deal price that later applied.
The dispute over spam and fake accounts that Musk cited in May 2022 became the central theme of the months that followed. He argued that Twitter had understated the share of automated and duplicate accounts among the users it reported to advertisers and investors, and used that argument to try to withdraw from the agreement he had signed in April. Twitter sued to force completion, litigation in Delaware moved toward trial, and Musk closed the purchase in late October 2022 on the original terms rather than contest the case to judgment.
That sequence is what gave the shareholder claim its shape. Investors who sold while the deal appeared to be collapsing did so at prices well below the agreed 54.20 dollars, and the acquisition then completed at that figure. The jury’s task was to decide whether the statements that depressed the price in the interim were misleading and whether the resulting losses were attributable to them.
Securities class actions rarely reach a jury. The overwhelming majority settle or are dismissed at the pleading stage, which made the trial itself unusual and gave the verdict weight beyond the immediate parties. Legal commentators noted at the time that a case going to verdict against a defendant of Musk’s profile provided a rare data point on how juries assess statements made on social media by corporate principals.
That question has followed Musk before. In 2018 he settled charges with the United States Securities and Exchange Commission over a post stating that he had funding secured to take Tesla private, agreeing to pay a fine and to relinquish the chairmanship of Tesla’s board. A separate investor class action over the same episode went to trial in 2023, and a jury in that case cleared him. The March 2026 verdict therefore reversed the pattern of the earlier outcome.
The practical consequence is that the size of any award has to be established separately from the finding of liability. Damages in securities cases are calculated from the difference between the price at which class members traded and the price that would have prevailed absent the misleading statements, applied across the whole class. The 2.6 billion dollar figure represented the plaintiffs’ maximum estimate rather than a sum awarded by the jury, and post-trial motions and appeals typically follow verdicts of this kind.
Twitter has since been renamed X and folded into Musk’s wider corporate structure, and the company is no longer publicly traded. That does not affect the claims, which concern conduct during the period when the shares were listed and when the disclosure obligations attaching to a public company applied.
The verdict landed at a point when Musk’s business interests spanned electric vehicles, rocket launch, satellite internet and artificial intelligence, several of which depend on government contracts or regulatory approval. Adverse findings in securities litigation do not directly affect those arrangements.
For readers outside the United States, the case is a reminder of how far American securities law reaches. Anyone who bought or sold shares in a company listed on a United States exchange during the class period falls within the class, regardless of where they live, and Twitter’s shareholder base before the takeover was international. Satellite internet services operated by Musk’s companies are also part of the connectivity debate in Yemen and other markets with damaged terrestrial infrastructure, which gives his corporate affairs a relevance beyond the financial pages.
Neither side said at the time how it intended to proceed on damages, and the litigation remained open.

