Jury selection begins in Elon Musk, OpenAI trial

The trial will be done in two parts and the jury will only have input in the first phase, which is the liability phase to decide if any wrongdoing occurred. There will also be a remedies phase to determine the appropriate damages.

By Misty Severi

Published: April 27, 2026 5:04pm

Jury selection began in Oakland on Monday for Elon Musk's case against OpenAI and his longtime friend turned rival Sam Altman.

Musk sued Altman and the company, which he co-founded, in 2024 for allegedly breaching its contract by becoming a for-profit company. Musk also offered a $97.4 billion unsolicited bid to buy the company to ensure that it remains a non-profit, but the offer was rejected by the board.

U.S. District Judge Yvonne Gonzalez Rogers is overseeing the proceedings, which are taking place in a federal court, and there will be a total of nine jurors and no alternates, according to CNBC.

The trial will be done in two parts and the jury will only have input in the first phase, which is the liability phase to decide if any wrongdoing occurred. If wrongdoing is found to have occurred, there will also be a remedies phase to determine the appropriate damages.

The judge said the liability phase of the trial is expected to wrap up by May 21, and she is expected to decide the total damages. Musk is asking Gonzalez Rogers to award him $134 billion in damages.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.