By Enyichukwu Enemanna
A Delaware judge on Wednesday said she would allow Elon Musk amend charges against Twitter which will permit him to add claims from a whistleblower to his countersuit.
Musk, who is on a legal battle to get out of his agreement to buy Twitter for $44 billion, will be allowed to add claims made by whistleblower Peiter “Mudge” Zatko to his countersuit against Twitter.
The relief was granted by Delaware Court of Chancery Chancellor Kathaleen McCormick in a filing released by the Court.
Whistleblower, Zatko has accused Twitter of several misdeeds, including having lackluster security protocols and “lying about bots” to Musk.
He is set to appear before a Senate panel on September 13 for his testimony.
Musk has been accused of planning to use Zatko’s allegations in a bid to delay the trial.
The court declined Musk’s request to push the trial to late November from Oct. 17.
“Indeed, Twitter has represented that the anticipated risk of harm has materialized over the course of this litigation,” McCormick wrote. “I am convinced that even four weeks’ delay would risk further harm to Twitter too great to justify.”
McCormick’s decision comes after a contentious court hearing on Tuesday in which both sides presented their arguments and Twitter revealed text messages showing Musk telling a banker that the deal wouldn’t make sense “‘if we’re heading into World War 3.”
Alex Sprio, Musk’s legal representative said, “We are hopeful that winning the motion to amend takes us one step closer to the truth coming out in that courtroom.”
Twitter was yet to respond as at the moment of this report.
McCormick also said Musk’s team would be allowed to conduct “incremental discovery” based on the Zatko’s allegations, including “targeted document discovery and minimal additional experts and fact witnesses.”
