A federal choose claimed Tesla and Main Govt Elon Musk will have to facial area a lawsuit declaring they misled shareholders when Musk tweeted that he experienced secured funding to consider his electric car or truck firm non-public in a $72 billion transaction.

U.S. District Judge Edward Chen dominated on Wednesday that shareholders will be permitted to test to show Musk meant to defraud them with his Aug. seven, 2018, tweet and adhere to-up messages about ideas for his Palo Alto, California-primarily based firm.

The choose claimed shareholders could also test to show Musk’s tweet was the “proximate result in” of volatility in Tesla’s inventory price that brought about billions of dollars of losses.

Tesla did not right away reply to requests for comment.

The lawsuit arose following Musk shocked buyers on Aug. seven, 2018 by asserting on Twitter: “Am thinking of taking Tesla non-public at $420. Funding secured.”

Musk’s tweet assisted drive Tesla’s inventory price more than thirteen% higher than the prior day’s shut. But it quickly gave those gains back, and by Aug. seventeen, 2018 experienced fallen eleven% underneath where it was ahead of the original tweet.

Some buyers named the tweet a ploy to squeeze quick-sellers, extensive an irritant for Musk, who have been betting Tesla’s inventory would drop.

Musk tweeted on Aug. 24, 2018 that Tesla would remain community.

A month later, he agreed to shell out a $20 million civil fine to settle fraud costs by the U.S. Securities and Exchange Commission.

The SEC also required Musk to step down as chairman, and Tesla lawyers to vet some of his tweets in progress. Tesla reached a individual $20 million settlement with the regulator.

Tesla’s inventory price has since approximately doubled, and Musk is truly worth $37.6 billion in accordance to Forbes magazine.

In permitting the shareholder case, which combined nine lawsuits, go ahead, Chen claimed acceptable buyers could have seen Musk’s Aug. seven tweet as signaling he experienced unconditionally received adequate funding to consider Tesla non-public.

“So examine, the assertion is not real,” Chen wrote.

The choose turned down Tesla’s and Musk’s argument that the tweet was not bogus or deceptive mainly because Tesla’s directors would have however experienced to approve the transaction.

The proposed class action addresses shareholders who acquired and marketed Tesla inventory from Aug. seven to Aug. seventeen, 2018. Their lawyers did not right away reply to requests for comment.

Tesla shares closed up $19.ninety four at $729.eighty three on Wednesday.

The case is In re Tesla Inc Securities Litigation, U.S. District Courtroom, Northern District of California, No. 18-04865.