Judge Allows Don Lemon’s Lawsuit Against Elon Musk’s X to Proceed

A San Francisco judge has given the green light to Don Lemon’s lawsuit against Elon Musk’s X, following the abrupt cancellation of Lemon’s show on the social media platform.

The New York Post reports that former CNN host Don Lemon has been granted permission by a San Francisco judge to proceed with his lawsuit against X, its owner Elon Musk, and former CEO Linda Yaccarino. The lawsuit was filed after Lemon’s content deal with the platform was unexpectedly terminated by Musk following a contentious interview between the two, which was intended to serve as the launch of Lemon’s new show on X.

Superior Court Judge Harold Kahn allowed Lemon to move forward with claims including fraud, misappropriation of name and likeness, and breach of implied contract. However, the judge dismissed allegations of negligent misrepresentation, defamation, retaliation, negligence, and harassment. Lemon’s attorney, Carney Shegerian, stated, “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.”

The lawsuit stems from a partnership deal between Lemon and X, which was allegedly agreed upon in December 2023. According to court records, Lemon was to receive $1.5 million, a 60 percent cut of ad revenue, and performance-related bonuses based on the number of followers his show attracted. The deal was contingent on Lemon attending the CES conference in January and announcing the partnership on X the same day, a move designed to entice advertisers at the event.

However, following a highly publicized and tense interview with Musk on March 8, 2024, which was meant to serve as the launching point for Lemon’s new show, Musk abruptly terminated the contract. According to the lawsuit, Musk sent a text to Lemon’s agent stating, “contract is canceled.” Brett Weitz, head of content, talent, and brand sales at X, informed Lemon that the platform would not honor the promises made to him because there was no signed agreement, despite Musk’s previous assurances that a formal written agreement would not be necessary.

The judge’s ruling allows Lemon to pursue claims of breach of contract and unjust enrichment. Additionally, Lemon has been granted the opportunity to correct a claim of breach of express contract, as his lawsuit did not specify whether the contract was oral, written, or implied. The judge dismissed Lemon’s defamation claim, which was based on Musk’s comparison of Lemon to Veruca Salt, a character from Roald Dahl’s Charlie and the Chocolate Factory, in reference to Lemon’s contract demands.