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> * For example, in the Twitter/Elon case, there was a question as to whether Twitter could successfully sue Elon for the equitable remedy of "specific performa
by chadash 4y ago
> * For example, in the Twitter/Elon case, there was a question as to whether Twitter could successfully sue Elon for the equitable remedy of "specific performance" (making someone perform a specific action). It would have been perhaps unprecedented to force a reluctant bidder to purchase a company against his will.*
Not only is it not in precedented to force a reluctant bidder to purchase a company against their will, but the very judge who was assigned to Elon Musks’s case forced a company to buy another (i.e. “specific performance”) in 2021. Look up Snow Phipps vs Kcakes.
It’s not a coincidence that Musk suddenly changed his tune and went through with the acquisition. I’m sure that his legal team told him that he was going to lose the case.