Fact Checking
Well-Known Member
I like a lot of what Judge Nathan said today. However, given where she was going, she should have said that the previous agreement was not clear enough on what would be considered "Material," therefore she was throwing out the current case, while requiring the changes due in two weeks to better define and place reasonable limits going forward.
Actually, Judge Nathan said that the settlement is "ambiguous" - it's just that shallow and biased reporting didn't cover those remarks.
Here's a better report:
Adam Klasfeld on Twitter
As should be obvious by now, Nathan appears deeply skeptical that "reasonably could contain" is language that is "clear and unambiguous," under the standard for imposing sanctions for a breach.
Nathan said that Musk can't substitute the terms of the settlement for his own view. "He can't decide on a narrower version of that just because it's arguably ambiguous," she said.
As should be obvious by now, Nathan appears deeply skeptical that "reasonably could contain" is language that is "clear and unambiguous," under the standard for imposing sanctions for a breach.
Nathan said that Musk can't substitute the terms of the settlement for his own view. "He can't decide on a narrower version of that just because it's arguably ambiguous," she said.
That's a direct quote from Judge Nathan, where the judge declares the disputed section of the settlement contract ambiguous.
Elon cannot be held in contempt for violating ambiguous terms of the settlement.
She does want the parties to agree to a form that works for both sides, but it's clear at this stage that she won't hold Elon in contempt.