Musk, X to face trial in Don Lemon lawsuit alleging breach of contract

Ex-CNN anchor Don Lemon's lawsuit against tech billionaire Elon Musk and his social network X over the cancellation of their partnership can proceed to trial, a San Francisco judge ruled this week.

Musk's team had tried to get the case moved to a Texas court and tried to convince the judge to strike the complaint altogether.

Attorneys for Musk and X didn't respond to a request for comment.

In an order Tuesday, Judge Harold Kahn said Lemon and his attorneys plausibly alleged, among other claims, that X and Musk had committed "fraud by false promise" and that there was "an implied contract" between them.

Lemon filed the suit in August 2024 after X canceled a partnership with the broadcast journalist a few hours after he taped a tense interview with Musk, who owns X. The interview preceded a planned premiere of Lemon's new show on Musk's social network.

During the interview, Lemon pressed Musk on several contentious topics he had posted about or amplified on X. Musk had boosted the so-called "great replacement theory," and other bigoted tropes and falsehoods, including posts that claimed there was a "Hispanic invasion" of immigrants to the U.S.

Lemon also pressed Musk about content moderation on X, and a reported surge in antisemitic content on the platform that occurred after Musk acquired it as Twitter in a $44 billion leveraged buyout in late 2022.

Musk made sweeping changes after taking over the site, firing huge numbers of personnel and reversing account bans for users who had been booted from the platform after posting hate speech or inciting violence.

Musk, who characterized himself as a free speech "absolutist" also restored the account of President Donald Trump. The site had permanently banned Trump from the platform in January 2021 following the attack by his supporters on the U.S. Capitol.

Lemon's case against Musk and X Corp. is in San Francisco Superior Court. A date has not been set for the trial.

Musk and X have faced a litany of other lawsuits over non-payment to vendors and over failure to provide severance as promised to laid-off employees from Twitter.

Lemon was fired from CNN in 2023 following reports that he mistreated coworkers and made sexist remarks on-air, including about politician Nikki Haley. Lemon later apologized for the Haley comments.