https://localnewsmatters.org/2026/05/16/musk-v-altman-week-3... has a good explanation of the legalities:

"If the jury determines that at any time before those dates, Musk either knew — or had or should have known — that he had a claim that he could bring, then his suit was brought too late. The consequence of being too late is swift and absolute. If the lawsuit was filed late for a particular claim, that claim is out of the case; if it was too late for all of Musk’s claims, the lawsuit is over."

That's where the question of fact (i.e., the requirement for a jury decision) came in: "What was the statute of limitations?" is a question of law, but "When should Musk have known that OpenAI was moving too much toward for-profit?" is a question of fact (and, here, determines whether the statute of limitations applies).