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This surprises me because Tesla clearly believed that the shareholder vote meant something. Are they idiots? I doubt it.
But even if this appeal was decided on boring procedural grounds, the original decision was very much about a woke judge sticking it to Musk.
And the judge could have at least limited the lawyers fees to something reasonable to prevent moral hazard.
If your read the opinion from the judge it's clear that, yes, Tesla was dumb in the way they went about it. If Tesla had done a shareholder vote at any point in the five years this lawsuit was ongoing, that could have ratified the package. Instead Tesla waited until they had lost and then did the shareholder vote to try and get the judge to reverse her decision. She also points out independent reasons why the shareholder vote wouldn't have the ratifying effect Tesla wants, including that the proxy statement for it contains material and misleading statements.
I mean.. maybe. But why would they do a shareholder vote to immunize themselves against a frivolous, politically-motivated lawsuit filed by a guy who had 8 shares of Tesla? Shareholder votes are not free.
And would the judge have really listened to the vote anyway? It's easy for her to say now. I'll admit I really don't have a lot of patience for the legal details when it seems that judges just use them as justifications for doing the things they were going to do anyway.
What is the evidence that the plaintiff of judge are politically motivated? "Company fails to take lawsuit seriously, gets wrecked" does not sound like a crazy thing? I would probably describe the Hogan-Gawker lawsuit similarly.
It's not just the judge saying this, she cites a bunch of Delaware precedent that votes during litigation can function as ratification for the corporate acts in question. Tesla (for obvious reasons) cannot find a single precedent that post-judgement shareholder votes can serve as a basis for overturning that judgement.
The evidence is that it’s absurd to bring a lawsuit against a company that made you a ton of money?
That hadn't happened when the lawsuit was filed. OP gets the order of events wrong. The lawsuit was filed 5 months after the package was awarded, well before performance targets were hit.
It's even more absurd to bring a lawsuit against a company for either making you a ton of money (if targets, which included market cap, are hit) or getting its CEO to work for you for free (if they aren't).
This logic justifies literally any pay award. The whole point of the suit is that the process by which Musk's award amount was reached was biased in his favor, not a neutral process.
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