Judge rejects Elon Musk's request to move lawsuit against $1 million giveaway to federal court
A judge rejected Tesla founder, X owner and billionaire Elon Musk's request to move the civil lawsuit against his $1 million giveaway filed by the Philadelphia district attorney to federal court.
The lawsuit was remanded back to Pennsylvania state court Friday by U.S. District Judge Gerald J. Pappert, a former Republican Pennsylvania attorney general appointed to federal court in 2014 by President Barack Obama.
Earlier this week, Philadelphia District Attorney Larry Krasner sued Musk and his political action committee, America PAC, over the billionaire's $1 million giveaway to registered voters in battleground states.
Despite a judge's order that "all parties must be present," Musk did not appear in a Philadelphia courtroom Thursday. Musk's attorneys filed documents Wednesday in the U.S. District Court in Philadelphia, requesting the matter to be moved to federal court and out of the Philadelphia County Court of Common Pleas. A judge granted Musk's attorneys' request, but Krasner's attorneys contested the recommendation.
Pappert granted Krasner's request on Friday and moved the lawsuit back to state court.
In a statement, Krasner's office said, in part, that Pappert's "ruling is consistent with the argument of the district attorney that America PAC's and Mr. Musk's eleventh-hour effort to take the case away from state court in Philadelphia was contrary to law."
"DA Krasner filed this state law case in state court, which has jurisdiction to enter an injunction to stop the defendants' lottery and the defendants' unfair and deceptive practices," John Summers, the lead attorney for Krasner, said in a statement.
A judge set a hearing in the Philadelphia County Court of Common Pleas, a state court, for 10 a.m. Monday.
Musk, who has campaigned with former President Donald Trump, has donated tens of millions of dollars to America PAC. The super PAC was formed this summer to support the Republican candidate.
The lottery goes to signers of a petition asking voters to support free speech and the right to bear arms. At least 14 people have received $1 million awards, including four from Pennsylvania, according to the super PAC's website.
Days before Krasner filed the suit, the Justice Department sent a letter to the super PAC warning that it may be violating federal laws about paying voters.