The majority of a Twitter shareholder’s Court of Chancery case against Elon Musk has been dismissed, with the court leaving open the possibility of recovering damages from Musk.

Chancellor Kathaleen McCormick decided Tuesday shareholder Luigi Crispo doesn’t qualify as a third-party beneficiary who could try to enforce a contract and hadn’t proven Musk controlled enough of Twitter shares earlier this year to have been considered a fiduciary for the company.