Musk was not happy with the ruling and took to X, writing, “Shareholders should control company votes, not judges.”
ers to approve the Musk compensa- tion plan. In June, Tesla shareholders again
approved the original $56 billion compensation overwhelmingly — with 77% of stock owners backing Musk and the package. After the shareholder vote, Tesla
went back to the Delaware court to seek its approv- al, only to fi nd its compensation plan rebuffed again.
MCCORMICK
“Even if a stockholder vote could have a ratifying eff ect, it could not do so here,” McCor-
mick said in her opinion. “Were the court to condone the
practice of allowing defeated parties to create new facts for the purpose of revising judgments, lawsuits would become interminable,” she wrote. McCormick saw little contradic-
tion, however, in penalizing Musk for the wealth he created while granting the lawyers who sued him on behalf of shareholders an incredible $345 million in attorney fees for their legal fi lings. Musk was not happy with the rul-
ing and took to X, writing, “Share- holders should control com-
pany votes, not judges.” Musk reposted other
X posts critical of the ruling. One repost stated: “Things to do in Delaware: 1) Leave.” Musk also reposted
fund manager Cathie Wood’s X post, where she called McCormick an “activist judge at its worst.” Wood continued:
“No judge has the right to determine CEO compensation. Shareholders voted twice, overwhelm- ing each time, to ratify @elonmusk’s 2018 performance- based pay pack- age.”
Since the
court’s fi rst ruling, Musk has been on the warpath with Delaware. This year, he moved both Tesla and SpaceX’s incorporation from Dela- ware to Texas. He also moved Neura- link to Nevada. Musk has also urged other com-
panies to quit Delaware as well. On X, Musk bluntly stated, “Never incorporate your company in the state of Delaware.” The home state of President Joe Biden, Delaware has come under criticism for its close ties to the Biden family and its political agenda. In 2023, The Wall
Street Journal pub- lished an article, co-authored by for- mer Attorney General William Barr, lambasting Delaware for embrac- ing far-left environmental, social, and governance (ESG) policies and attempting to push them on corpora- tions.
And The Hill reported that major
corporations are fl eeing Delaware as a result of its highly politicized agenda. Data suggests Delaware is seeing
a drop-off in new incorporations. In 2022, the last year the state released data, Delaware saw a 6% fall in new incorporations.
JANUARY 2025 | NEWSMAX 17
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