Musk tries to move case about $1 million voter sweepstakes to federal court, averting required appearance Thursday
Source: CNN
Philadelphia CNN -- Tech billionaire and Trump ally Elon Musk is trying to move a lawsuit over his $1 million giveaway to voters into federal court, short-circuiting a required appearance Thursday at a Pennsylvania court.
Lawyers for the Tesla CEO filed a "motion of removal" in federal court late Wednesday night.
Judge Angelo Foglietta said Thursday he no longer has jurisdiction over the case because Musk filed papers to move the matter into federal court.
The parties will now continue pressing their case in federal court. Foglietta said he's available later Thursday or Friday if the federal judge sends the case back to state court.
Read more: https://www.cnn.com/2024/10/31/politics/elon-musk-sweepstakes-filing-pennsylvania/index.html
Unless the federal district court quickly rules against removal, this action will likely delay the case until after the election.
The district court judge, Gerald John Pappert, is an Obama appointee.
Owens
(327 posts)bronxiteforever
(9,411 posts)from 2003-2005.
SunSeeker
(53,669 posts)The one with the most money for lawyers wins.
yaesu
(8,236 posts)Elon Musk skips court hearing in case challenging $1m swing state giveaways
Absence would have risked contempt of court had the case continued in Pennsylvania, but it was moved to federal court
Blake Montgomery and agencies
Thu 31 Oct 2024 12.22 EDT
Elon Musk failed to show up to a required hearing in a Philadelphia case challenging his $1m-a-day sweepstakes. His absence would have risked contempt of court had the case continued in Pennsylvania court, but it was moved to federal court in response to a motion filed by Musks attorneys, who did attend the hearing.
On Wednesday, the judge had ordered all parties to attend the Thursday morning hearing. Musks attorneys filed a motion to shift the suit from Pennsylvania state court to federal court in a filing late on Wednesday, which was granted shortly after Musk did not appear. Lawyers for the Philadelphia district attorneys office said they would request the case be returned to state court.
dchill
(40,478 posts)Igel
(36,087 posts)You have a lawyer to file the papers, you can give it a try (dunno if federal courts allow pro se motions).
A reasonable lawyer won't do the paperwork, even for money, if it's a slam dunk "no" expected from the federal court.
As for the reasoning, I'd have to see the reasoning (and since I am not admitted to the bar, I'd like to have at least references to the relevant statutory and case law.)
Igel
(36,087 posts)That's a minor detail.