PHILADELPHIA — A federal judge has remanded a lawsuit filed by the Philadelphia District Attorney’s Office against America PAC and Elon Musk back to state court in Philadelphia, rejecting the defendants’ attempt to move the case to federal court. The lawsuit, which seeks to halt a lottery run by the PAC and Musk, will now proceed under Pennsylvania state law.
The Philadelphia DA’s Office filed the case in state court, alleging that the lottery constitutes unfair and deceptive practices. Just hours before a scheduled state court hearing, America PAC and Musk’s legal team filed to transfer the case to federal court, prompting the DA’s Office to respond with an emergency motion to return it to state jurisdiction. The federal court granted that request, allowing the state court to retain authority over the matter.
“DA Krasner filed this state law case in state court, which has jurisdiction to enter an injunction to stop the defendants’ lottery and the defendants’ unfair and deceptive practices,” said John Summers, lead counsel for the Commonwealth. “We await the state court’s scheduling of the hearing.”
The Philadelphia District Attorney’s Office argued that the late attempt to shift the case to federal court was improper and would have delayed state-level proceedings. With the federal court’s decision, the lawsuit is now expected to advance more quickly in the state court system, where the DA’s Office will pursue an injunction against America PAC and Musk.