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Tesla launched a fresh bid to secure legal reinstatement of Elon Musks controversial $56 billion pay package on Monday days after the companys shareholders voted to ratify the record-setting agreement.

In January, Delaware Chancery Court Judge Kathaleen McCormick voided Musks stock-based compensation plan, which she referred to as an unfathomable sum. The package was challenged in a lawsuit filed by Tesla shareholder Richard Tornetta.

Teslas lawyers argued that the two sides should make their legal argument regarding the potential implications of last Thursdays vote at the companys annual meeting, where shareholders backed the deal.

“The approval of ratification by Teslas stockholders significantly impacts the claims and issues in this action, including the courts final judgment,” Tesla attorneys said in a letter to McCormick last Friday.

An attorney for the plaintiff shareholder fired back, arguing that the vote had no legal effect on the judges earlier decision to void the $56 billion package. The attorney is set to file a legal brief explaining his reasoning by Friday.

Tesla has acknowledged that shareholders ratification of the voided deal had created a novel outcome and that it was unclear if the vote would prompt McCormick to reverse course.

When issuing her decision last January, McCormick questioned whether the package was truly necessary for Tesla to retain Musks services as CEO.

The judge also blasted the process by which Teslas board initially approved the package and found that the company had withheld key information from shareholders.

Tesla shareholders also approved a resolution at the annual meeting to change the companys state of incorporation to Texas from Delaware. Nearly 90% voted in favor of the move.

Musk had backed the change in the immediate aftermath of the judges decision to nix his compensation.

Last Friday, Musk shared an image of a vanilla-frosted sheet cake with the words Vox Populi, Vox Dei Latin for the voice of the people is the voice of God written in red letters, along with a big heart.

Sending this cake to Delaware as a parting gift, Musk wrote on X.

With Post wires

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Sports

Sources: Auburn’s Thorne to be QB1 vs. Sooners

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Sources: Auburn's Thorne to be QB1 vs. Sooners

Veteran quarterback Payton Thorne will start for Auburn when No. 21 Oklahoma visits Jordan-Hare Stadium Saturday afternoon, sources told ESPN’s Pete Thamel Friday.

Thorne, the former Michigan State transfer, started 13 games for the Tigers last fall. He returned as the program’s starter in 2024 before he was replaced by redshirt freshman Hank Brown in Week 3. In Thorne, Auburn will have an experienced starter under center in Week 5 against a Sooners defense that leads the nation in turnovers (12) and ranks 28th in total defense this fall.

Auburn initially turned to Brown after Thorne threw a career-high four interceptions in a 21-14 home defeat to Cal on Sept. 7. Brown led the Tigers past New Mexico in his first career start in Week 3, but struggled against Arkansas last Saturday, completing 7-of-13 passes for 72 yards with three interceptions. After Auburn went scoreless before halftime, Thorne took over at quarterback in the second half of the 24-14 home loss, finishing 13-for-23 for 213 yards with two touchdowns and interception.

Both quarterbacks turned in strong weeks of practice ahead of this weekend’s visit from Oklahoma, but Auburn will go with Thorne Saturday, banking on his experience and the momentum he built in his relief work against Arkansas as the Tigers chase their first SEC win of 2024.

Auburn hosts the Sooners at 3:30 p.m. ET Saturday on ABC in Oklahoma’s first SEC road game.

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Boston College QB Castellanos ruled out vs. WKU

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Boston College QB Castellanos ruled out vs. WKU

BOSTON — Boston College quarterback Thomas Castellanos will miss the Eagles’ game against Western Kentucky, the school said Friday, and will be replaced by Florida International transfer Grayson James.

Castellanos played without apparent hinderance in Boston College’s 23-19 victory over Michigan State on Saturday, hitting Lewis Bond for the game-winning touchdown pass with 88 seconds left. He missed part of Tuesday’s practice.

He threw for 2,248 yards and 15 touchdowns last season and was 45-of-70 for 729 yards and 10 scores this year while leading the Eagles to a season-opening upset over No. 10 Florida State that helped them make their first appearance in The Associated Press Top 25 since 2018.

James threw for 1,967 yards and 11 touchdowns as a sophomore at Florida International in 2022 but played in only three games as a junior last season.

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Hurricane Helene kills at least 40 – as dozens trapped on roof of flooded Tennessee hospital

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Hurricane Helene kills at least 40 - as dozens trapped on roof of flooded Tennessee hospital

At least 40 people have been killed across four states after Hurricane Helene barrelled its way across southeastern US.

Emergency crews are racing to rescue people trapped in flooded homes after Helene struck the coast of Florida as a highly destructive Category 4 storm.

It generated a massive storm surge, wreaking a trail of destruction extending hundreds of miles north.

Millions are without power in Florida and neighbouring states.

Meanwhile, dozens of people are trapped on the roof of a flooded Tennessee hospital, with a “dangerous rescue operation” under way.

The Unicoi County Hospital is engulfed in “extremely dangerous and rapidly moving water”, according to Tennessee’s Ballad Health.

Patients and staff at Unicoi County Hospital are trapped on the roof Friday due to flooding caused by Tropical Storm Helene. (Pic: Erwin Police Chief Regan Tilson)
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Patients and staff are trapped on the roof of Unicoi County Hospital. (Pic: Erwin Police Chief Regan Tilson)

It said 54 people were relocated to the roof of the Unicoi County Hospital, while seven were in rescue boats.

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“The situation at the hospital is very dangerous and TEMA [The Tennessee Emergency Management Agency] and National Guard resources are engaged in what can only be described as a dangerous rescue operation,” Ballad Health added.

Local official Michael Baker told Sky News people are being moved from the roof “little by little”, describing the flooding as “unprecedented”.

“We’ve never seen anything like this,” he said.

A drone view shows a flooded and damaged area, following Hurricane Helene in Steinhatchee, Florida, U.S., September 27, 2024. REUTERS/Marco Bello
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Steinhatchee in the Big Bend area of Florida. Pic: Reuters

An vehicle, golf cart and playhouse are submerged from flooding Friday, Sept 27, 2024, in Atlanta. (AP Photo/Jason Allen)
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Flooding has severely damaged property in Atlanta. Pic: AP

As of early afternoon, Helene, which has been downgraded to a tropical depression, was packing maximum sustained winds of 35 mph (55 kph) as it slowed over Tennessee and Kentucky, the National Hurricane Center said.

It struck overnight with maximum sustained winds of 140 mph (225 kph) in the rural Big Bend area, the northwestern part of Florida.

The National Hurricane Center said preliminary information shows water levels reached more than 15ft above ground in that region.

US President Joe Biden has approved emergency declaration requests from the governors of several southern states affected by Helene.

Georgia, Florida, Alabama, North Carolina and South Carolina are being supported by emergency response personnel including search and rescue teams, medical support staff and engineering experts.

Georgia Governor Brian Kemp has said dozens of people are trapped in buildings damaged by the storm, with multiple hospitals in southern Georgia without power.

In western North Carolina, Rutherford County emergency officials have told residents near the Lake Lure Dam to immediately evacuate to higher ground, warning “Dam failure imminent”.

Meanwhile, Florida Governor Ron DeSantis said the damage from Helene in the area appears to be greater than the combined damage of Idalia and Hurricane Debby in August. “It’s demoralizing,” he said.

Halle Brooks kayaks down a street flooded by Hurricane Helene in the Shore Acres neighborhood Friday, Sept. 27, 2024, in St. Petersburg, Fla. (AP Photo/Mike Carlson)
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Getting around by kayak is easier than car in St Petersburg, Florida. Pic: AP

This photo provided by Venice Police Department rescue crews assist residents after  conducting door-to-door wellness checks, in coastal areas that were flooded by Hurricane Helene on Friday, Sept. 27, 2024 in Venice, Fla . (Venice Police Department via AP)
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Rescue teams in Venice, Florida. Pic: Venice Police Department

Many stranded in places like Tampa could only be reached by boat, with officials warning the water could contain live wires, sewage, sharp objects and other debris.

More than four million properties are without power across Florida, Georgia, the Carolinas, Virginia, Kentucky, Tennessee and Ohio, according to the logging website, PowerOutage.

Why this hurricane season is defying forecasts



Tom Clarke

Science and technology editor

@t0mclark3

Despite Helene’s power, this hurricane season has been more remarkable for its lack of activity.

At the start of the hurricane season, which runs from 1 June to 30 November, sea surface temperatures were (and remain) off-the-charts warm.

It’s this ocean heat that fuels tropical storms.

This combined with a developing La Nina phenomenon led the US forecasters to predict 2024 would be a major hurricane season. Between 17 and 24 storms were expected, with eight to 13 developing into hurricanes.

Hurricane Beryl grazed the coast of Jamaica in July as a Category 5 hurricane. It was the earliest storm of that size ever recorded and was seen as a harbinger of the prediction. But, so far at least, it’s failed to materialise.

There have been just six hurricanes so far this year – slightly below average. But why?

It seems to be due to what’s happening on the other side of the Atlantic where ocean warming forced the African monsoon further north than usual.

This led to catastrophic flooding in central and west Africa displacing millions, but it also shifted the weather system that usually spawns hurricanes and spins them across the Atlantic.

There’s already abundant evidence our warming oceans and atmosphere are making storms more intense – but predicting where they will occur and how often is never simple – and perhaps getting even harder as our planet gets hotter.

Prior to the hurricane making landfall, officials in Florida begged residents to evacuate. The sheriff’s office in rural Taylor County issued a chilling warning to those who refused to leave.

“Please write your name, birthday, and important information on your arm or leg in a permanent marker so that you can be identified and family notified,” the post on Facebook said.

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Child and dog rescued from floods

Forecasters now expect the storm to continue weakening across Tennessee and Kentucky.

It is feared heavy rain over the Appalachian Mountains could cause mudslides and flash flooding.

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