Delaware Chancery Court Chief Judge Kathaleen St. J. McCormick has reportedly admitted that she has received “many communications” from Tesla investors about her decision to rescind CEO Elon Musk’s 2018 pay package and the request of the lawyers who won the case to be paid over $5 billion in TSLA stock. The Judge, however, has reportedly noted that she is not reading any of the shareholders’ letters.
In late January, Judge McCormick ruled in favor of thrash metal drummer and car enthusiast Richard Tornetta, who sued Tesla over Elon Musk’s 2018 pay package. When he filed his legal complaint, Tornetta held nine shares. In a brief following Judge McCormick’s judgement, Tornetta’s lawyers from Bernstein Litowitz Berger & Grossmann argued that they should be compensated with 29 million TSLA shares for winning the case. Such an amount of shares would be worth over $5 billion as of Tuesday’s close.
Tesla retail shareholders have initiated an effort to explain to Judge McCormick that awarding 29 million TSLA shares to Tornetta’s lawyers would harm investors in the electric vehicle maker. The movement, which was led by Tesla retail shareholder Alexandra Merz, also involved thousands of investors explaining that they fully supported Musk’s 2018 pay package. Unfortunately for the TSLA shareholders, it would appear that they efforts are falling on deaf ears, at least for now.
As noted in a report from Bloomberg News, Judge McCormick noted that she is not reading the letters from the TSLA investors. She reportedly noted that the state’s judiciary code “prohibits me from considering” the letters from non-parties in the litigation “who claim to hold stock in Tesla.” Judge McCormick has reportedly asked Tesla and Tornetta’s legal teams to recommend a process for handling the correspondence from the TSLA investors.
Judge McCormick’s comments have been received with some raised eyebrows from TSLA shareholders on social media. Some noted that her comment about “non-parties” in the litigation are particularly interesting. After all, her decision to rescind Elon Musk’s 2018 pay package was reportedly done to protect the interest of TSLA shareholders. It is then quite strange to see Judge McCormick opting not to read letters from the company’s actual shareholders.
In response to Judge McCormick’s apparent refusal to read the letters that have been sent to her by TSLA shareholders, Tesla investors are considering other avenues to make their voices heard. Some have wondered if it would be a good idea for TSLA retail investors to resend their letters to the electric vehicle maker through the Tesla-verified shareholder portal. This way, Tesla or its legal team could forward the correspondence to Judge McCormick as verified shareholder letters.
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