Tesla Inc. shareholders suing over Elon Musk’s 2018 tweet about taking the company private said they won a key ruling in the run-up to a fraud trial with billions of dollars in damages at stake.

Axar.az reports the investors said a federal judge agreed with them that “no reasonable jury could find Musk’s tweets on Aug. 7, 2018, accurate or not misleading,” according to a court filing late Friday. The filing describes an April 1 order by the judge that isn’t listed on the docket.

Alex Spiro, a lawyer for Musk and Tesla, said “nothing will ever change the truth, which is that Elon Musk was considering taking Tesla private and could have.”