Twitter (NYSE: TWTR) shares jumped higher after a Delaware judge said she would allow the company to have an expedited trial in its merger termination suit against Tesla (NASDAQ: TSLA) CEO Elon Musk.

Delaware Court of Chancery chancellor Kathaleen McCormick ruled in favor of Twitter via a teleconference hearing on Tuesday.

Twitter is suing Musk for terminating his agreement to purchase the company for $44 billion. Musk cited a "material breach" for dropping the takeover, which Twitter has denied.

A trial date is now set for October.

Shares of Twitter last traded up 4% to $40 per share, still well below the $54.20 per share agreed-upon deal price.

By StreetInsider.com Staff