Montana Skeptic
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montanaskeptic.bsky.social
Montana Skeptic
@montanaskeptic.bsky.social
Unloved by Elon (who once tried to get me fired), disgusted at "conservatives" who turned out to be Trump cultists, hoping Democrats will get healthier, and wishing Congress would do its damned job.

I write at montanaskeptic.substack.com
Much as he is a moral monster, I know of no evidence of pedophilia.
December 20, 2025 at 4:19 AM
I think it’s important to be gracious. I’ll write about this tomorrow. I think the Chancellor can still hold her head high. As for Tesla, it is headed for a big fall, as is Musk.
December 20, 2025 at 4:17 AM
Tesla shareholders love dilution.
December 20, 2025 at 1:35 AM
I hear you. Some of those worst people are about to run into problems at SCOTUS. Not on everything, but on important things.
December 20, 2025 at 12:14 AM
The California DMV was, notwithstanding the Tesla spin, a big loss.

And it will burn Musk's ass to have to pay the Plaintiff's lawyers here approx $60MM.

At least the Court acknowledged there was Board liability, and gave no sanction to the "ratification" gambit.
December 19, 2025 at 11:46 PM
lol
December 19, 2025 at 10:11 PM
It's already the Wild West out there, and this won't help matters.

That said, I think the Del Sup Ct's opinion is defensible on its own terms. It essentially acknowledges Defendants' liability, but faults the Plaintiff for not offering a monetary damage remedy. While awarding fees & costs.
December 19, 2025 at 10:09 PM
7/ Congrats to Tesla for avoiding a huge balance sheet and income statement problem. Congrats to Elon for his win. Congrats to the Plaintiff's lawyers for the attorneys' fee award and for calling to everyone's attention the abysmal governance at Tesla.
December 19, 2025 at 9:51 PM
6/ What do I make of this? A real "split the baby" decision. It is a careful piece of judicial reasoning that relies on, essentially, procedural technicalities to avoid a ruling that had outraged the Tesla faithful. I need to re-read it with care to have any more to say about it...
December 19, 2025 at 9:51 PM
5/ It appears (footnote 168) that the attorneys' fees award is $54.5 million plus post-judgment interest (an amount proposed at trial by Tesla). So, for the Plaintiff's lawyers, that award certainly takes some of the sting out of the loss.
December 19, 2025 at 9:51 PM
4/ ... The Court acknowledged that Plaintiff had established Defendants' wrongdoing, albeit without any proper measure of damages. Consequently, the Court awarded nominal damages of $1 plus attorneys' fees...
December 19, 2025 at 9:51 PM
3/ The Court held it was Plaintiff's burden to both to establish rescission as a remedy AND to establish his entitlement to alternative (monetary) remedies. Here, the Plaintiff did not offer evidence of those alternative monetary remedies...
December 19, 2025 at 9:51 PM
2/ The 49-page opinion notes that the justices disagree about liability, but they were able to agree that rescission (of the 2018 grant) was not the appropriate remedy because it failed to restore Elon Musk to his prior position.

Lots of discussion about rescission and burdens of proof.
December 19, 2025 at 9:51 PM
something else...
December 19, 2025 at 7:34 PM
In three years, it will be back to the Kennedy center. The idiocy of these unconstitutional executive actions never sees to astound.
December 19, 2025 at 6:21 PM
I sense tremors. Could be wrong, of course.
December 19, 2025 at 6:20 PM
2/ "...Mr. Trump, not the most learned of men, may never have even heard of some of these words before he was called them. A borax man seems a finer, near-perfect fit."

Great essay from Joseph Epstein

www.wsj.com/opinion/dona...
Opinion | Donald Trump Is a Borax Man
He is a slick salesman with big claims and few deliverables.
www.wsj.com
December 19, 2025 at 3:33 PM