The billionaire was sued by Philadelphia’s district attorney.
PHILADELPHIA—A lawsuit brought against Elon Musk over his randomly selected $1 million giveaways to registered voters has been placed on hold after lawyers for the billionaire removed the case to federal court.
Philadelphia County Court of Common Pleas Judge Angelo Foglietta on Oct. 31 said he was placing the case on hold after Musk’s lawyers late Wednesday removed it to the U.S. District Court for the Eastern District of Pennsylvania.
Foglietta said during a hearing at Philadelphia’s City Hall that he was divested of jurisdiction because of the move. Musk celebrated the result with a post on his social media platform X that read “American Justice [For The Win].”
Removing cases filed in state courts to federal court is not uncommon, and is done at the prerogative of defendants under federal law. Requirements include removing the cases within 30 days of a complaint being filed.
Federal judges assigned the removed cases can decide whether to keep them in federal court or remand them back to state courts.
Foglietta said that he would be available later in the day if the case was remanded back to him.
Musk’s lawyers said in their removal notice that the case brought by Philadelphia District Attorney Larry Krasner involves significant federal issues and should thus be adjudicated by a U.S. judge.
“While the Complaint purports to raise only state-law claims relating to public nuisance and consumer protection, D.A. Krasner’s claims, as evident on the face of the Complaint, turn principally on the allegation that Defendants are somehow unlawfully interfering with a federal election,” the lawyers said.
Krasner sued Musk and his America PAC, or political action committee, recently over their daily $1 million giveaways to registered voters in Pennsylvania and other swing states. The scheme constitutes an illegal lottery, according to the complaint.
Krasner asked a state court to stop Musk and the America PAC from continuing the giveaways.
By Zachary Stieber and Sam Dorman
