Lawyers for Elon Musk and Tesla are seeking to have a Delaware judge removed from cases involving them, arguing her neutrality could be questioned after her LinkedIn account “liked” a post about Musk losing a recent trial in California, according to Financial Times.

Musk’s firm said the interaction with the “inflammatory” post created “a perception of bias against Mr. Musk in these cases, recusal is necessary and warranted”. The post referred to a federal case where a jury concluded Musk had defrauded Twitter investors, a decision that could cost him billions if it stands. A consultant who worked with the plaintiffs even took a jab at Musk and his legal team in that same thread.

Judge Kathaleen McCormick responded that she didn’t realize the post had been liked until LinkedIn alerted her.

She stated: “I either did not click the ‘support’ icon at all, or I did so accidentally. I do not believe that I did it accidentally,” suggesting uncertainty about how it happened.

FT writes that the situation is another chapter in Musk’s strained relationship with Delaware’s courts.

McCormick has previously ruled against him, including decisions to void Tesla’s massive $56bn compensation package—though it was later reinstated on appeal despite agreement with some of her criticisms.

Musk has long expressed distrust of the state’s judiciary, even relocating Tesla’s incorporation to Texas. During a prior dispute with Twitter, he told jurors: “We were unlikely to win the case in Delaware because the judge [McCormick] was extremely biased against me.”

McCormick still oversees a separate Tesla-related case tied to shareholder claims about excessive director pay. She said she will consider stepping aside and also noted that she lost access to her LinkedIn account after the incident.

The controversy reflects wider concerns about judges’ activity on social media. In 2025, another Delaware judge stepped away from LinkedIn after facing backlash over his posts.