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The judge says Musk failed to identify ‘any question of federal law that must be resolved in Plaintiff’s favor in order to prove either state-law claim.’

The prosecution against billionaire Elon Musk’s $1 million giveaways must return to a Philadelphia court, a federal judge ruled on Nov. 1.

Eastern District of Pennsylvania Judge Gerald Pappert said in an opinion that Musk failed to identify “any question of federal law that must be resolved in Plaintiff’s favor in order to prove either state-law claim.”

Pappert added that district attorneys like Philadelphia District Attorney Larry Krasner, who brought the case against Musk, were “alter egos of the Commonwealth and are not citizens for diversity jurisdiction purposes.”

This is a breaking story and will be updated.