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Martin Eberhard "demonstrated a probability that he will prevail" in lawsuit against Tesla

quinta-feira, 30 de julho de 2009 ·

Martin Eberhard "demonstrated a probability that he will prevail" in lawsuit against Tesla

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Following up on yesterday’s decision in a San Mateo, California court, ex-Tesla Motors CEO Martin Eberhard’s legal team has issued a statement of its own regarding the lawsuit against Tesla Motors and Elon Musk. While Tesla’s official response to the decision obviously focused on the judge’s decision not to declare Eberhard as one of only two co-founders, there was more to the decision.

In response to Eberhard’s original filing, Tesla filed an anti-SLAPP motion in an attempt to quash the entire suit. The judge declared “an anti-SLAPP motion is not the proper mechanism to use to contest the validity of this cause of action.” Aside from the question of founder status, the judge decided that Eberhard’s side had established a probability that it could win on the breach of contract and defamation claims. He also declared that based on the information so far, Eberhard’s claims were legal and valid to proceed. So unless Musk decides to settle (highly unlikely) this one appears to be far from over. Read Eberhard’s statement in full after the jump.

Elon Musk Photo copyright (C)2009 Sebastian Blanco / Weblogs, Inc.

[Source: Tesla Motors, The Daily Green]

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Martin Eberhard “demonstrated a probability that he will prevail” in lawsuit against Tesla originally appeared on Autoblog Green on Thu, 30 Jul 2009 11:47:00 EST. Please see our terms for use of feeds.

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