Twitter wins bid to fast-track trial against Musk

STORY: Elon Musk's effort to delay Twitter's trial against him flopped in court on Tuesday.

A Delaware judge ruled Twitter's lawsuit seeking to hold Musk to his $44 billion takeover will go to trial in October.

Mitchell Epner is a litigator specializing in white collar crime:

"This is a major victory for Twitter and a major defeat for Elon Musk who was seeking to have the trial delayed until next year in February. Twitter is trying to get the contract that Elon Musk signed enforced and require him to buy the entire company for 44 billion dollars, and today's ruling is in line with Twitter's aims and directly contrary to Musk's."

Musk was pushing for a delay to allow for an extensive investigation into his claims that Twitter has misrepresented the number of fake or spam accounts.

The company says the issue is a distraction and an excuse to walk away from the deal.

On this issue - Epner says Musk shot himself in the foot when he waived any due diligence in his bid for the social media giant.

"He has left himself with virtually no defenses here....he is the dog who caught the car he was chasing."

The judge said on Tuesday that the company deserved a swift decision on its claims, saying "The reality is delay threatens irreparable harm to the sellers," aka, Twitter.

She asked the parties to work out the schedule for the trial, which she set at five days.

"There's a strong likelihood that Elon Musk will be required to come up with 44 billion dollars to buy Twitter. If he decides that he really wants not to buy Twitter, he's going to have to come up with some amount of money - likely far in excess of a billion dollars - in order to get Twitter to release him from that obligation."

An attorney for Musk did not respond to a request for comment.

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