News
Tesla to Cite Historic Case of Monk-Made Coffins in its Fight to Sell Direct
Tesla legal staff is prepared to cite a historic case of monks selling coffins to consumers in its fight to justify its direct sales model in six states.
With Model 3 fast approaching and Tesla’s goal of having it appeal to the general mass market, the silicon valley automaker/energy company continues its battle against Arizona, Michigan, Texas, Connecticut, Utah and West Virginia – representing 18% of the US new car market – for the right to sell direct within the state. But the fight to sell direct has been fraught with state and dealer association opposition and now Tesla is ready to take it to federal court. Tesla legal staff is prepared to cite a historic case of monks being able to sell coffins to consumers as justification for it being able to sell vehicles directly as well. Here’s the story.
After Hurricane Katrina, coffins in Louisiana were in short supply. According to CNET, the monks from St. Joseph Abbey in New Orleans had coffins available, but were prevented from selling them to the public because they needed a license from the Louisiana board of funeral directors. The funeral directors refused to issue a license to St. Joseph Abbey so the monks sued in federal court.
The court sided with the monks and the state appealed. The Fifth Circuit Court of Appeals agreed with the lower court, citing a doctrine known as “economic liberty.” It doesn’t take much of a stretch to draw an analogy between the Louisiana board of funeral directors and various state licensing agencies in Arizona, Michigan, Texas, Connecticut, Utah and West Virginia that refuse to allow Tesla to pursue its direct sales model at the behest of local auto dealer associations.
Tesla’s chief legal counsel, Todd Maron, is quoted by NASDAQ as saying, “It is widely accepted that laws that have a protectionist motivation or effect are not proper. Tesla is committed to not being foreclosed from operating in the states it desires to operate in, and all options are on the table.” One of those options is filing suit in federal court asking that the “economic liberty” concept recognized by the Fifth Circuit be applied to permit Tesla to sell its cars directly to consumers who live in those six states.
In reality, it often takes years for a case to make its way to the US Supreme Court. But until that happens, a federal challenge to dealer franchise laws could solidify the forces that oppose the direct sales to consumers model.
Perhaps Tesla is only bringing up the case of coffin selling monks to put pressure on legislators in those six key states. The beauty of the law is that, once suit is filed, anything can happen and no one can accurately predict the outcome. Decision makers crave certainty. By going to federal court, Tesla could create enough uncertainty to make state leaders want to find a resolution that leaves them some wiggle room.
Whatever happens, Tesla is showing all concerned it is sticking to its guns and intends to pursue its goals as vigorously as possible. It seems it is only a matter of time before it wears down the opposition and wins the right to sell direct to consumers.
Energy
Tesla Megapack Megafactory in Texas advances with major property sale
Stream Realty Partners announced the sale of Buildings 9 and 10 at the Empire West industrial park, which total 1,655,523 square feet.
Tesla’s planned Megapack factory in Brookshire, Texas has taken a significant step forward, as two massive industrial buildings fully leased to the company were sold to an institutional investor.
In a press release, Stream Realty Partners announced the sale of Buildings 9 and 10 at the Empire West industrial park, which total 1,655,523 square feet. The properties are 100% leased to Tesla under a long-term agreement and were acquired by BGO on behalf of an institutional investor.
The two facilities, located at 100 Empire Boulevard in Brookshire, Texas, will serve as Tesla’s new Megafactory dedicated to manufacturing Megapack battery systems.
According to local filings previously reported, Tesla plans to invest nearly $200 million into the site. The investment includes approximately $44 million in facility upgrades such as electrical, utility, and HVAC improvements, along with roughly $150 million in manufacturing equipment.
Building 9, spanning roughly 1 million square feet, will function as the primary manufacturing floor where Megapacks are assembled. Building 10, covering approximately 600,000 square feet, will be dedicated to warehousing and logistics operations, supporting storage and distribution of completed battery systems.
Waller County Commissioners have approved a 10-year tax abatement agreement with Tesla, offering up to a 60% property-tax reduction if the company meets hiring and investment targets. Tesla has committed to employing at least 375 people by the end of 2026, increasing to 1,500 by the end of 2028, as noted in an Austin County News Online report.
The Brookshire Megafactory will complement Tesla’s Lathrop Megafactory in California and expand U.S. production capacity for the utility-scale energy storage unit. Megapacks are designed to support grid stabilization and renewable-energy integration, a segment that has become one of Tesla’s fastest-growing businesses.
News
Tesla Sweden strikers see tax issues over IF Metall union error
To address the issue, IF Metall is encouraging Tesla strikers to return the refunded tax amounts to the union.
A tax correction is set to return two years of income tax payments to Tesla strikers in Sweden, after authorities determined that conflict compensation during a labor dispute should not have been taxed.
The issue is caused by a decision by IF Metall to treat strike compensation for Tesla workers as taxable income during the ongoing labor dispute with Tesla Sweden. That approach has now been reversed following guidance from the Swedish Tax Agency.
Strike compensation is typically tax-free under Sweden’s Income Tax Act, as noted in a report from Dagens Arbete (DA). However, two years ago, IF Metall’s board decided to classify payments to Tesla strikers as taxable.
“We did it to secure SGI, unemployment insurance and public pension. Those were the risks we saw when the strike had already dragged on,” Kent Bursjöö, financial manager at IF Metall, stated.
According to Bursjöö, the union wanted to ensure that members continued to register earned income with the tax agency, protecting benefits tied to income history. At the end of January, however, the Swedish Tax Agency informed the union that compensation during a labor dispute must be tax-free.
“Of course, we knew that it could be tax-free. But we clearly didn’t know that it couldn’t be taxable,” Bursjöö said.
Following discussions with auditors and tax authorities, IF Metall began correcting the payments. As a result, two years of paid income tax will now be credited back to the affected strikers’ tax accounts. The union will also recover previously paid employer contributions.
However, the correction creates secondary effects. Since the payments will now be treated as tax-free, pension contributions tied to those earnings will be withdrawn, potentially affecting state pension accrual and income-based benefits such as parental or sickness benefits.
To address this, IF Metall is encouraging members to return the refunded tax amounts to the union. In exchange, the union plans to pay 18.5% into occupational pensions on their behalf. “Otherwise, it will be a form of overcompensation when they get the tax paid back,” Bursjöö said.
That being said, the IF Metall officer acknowledged that the union’s legal ability to reclaim the funds from its improperly paid Tesla Sweden strikers is limited. “The legal possibilities are probably limited, from what we can see. But we assume that most people see the value of securing their pension,” Bursjöö said.
News
Tesla sues California DMV over Autopilot and FSD advertising ruling
The complaint seeks to remove the agency’s conclusion that Tesla falsely promoted the capabilities of Autopilot and Full Self-Driving.
Tesla has filed a lawsuit against the California Department of Motor Vehicles (DMV) in an effort to overturn a prior ruling that found the automaker engaged in false advertising related to its driver-assistance systems.
The complaint seeks to remove the agency’s conclusion that Tesla misled customers about the capabilities of Autopilot and Full Self-Driving.
Tesla’s legal action follows a decision by California’s Office of Administrative Hearings (OAH), which concluded that Tesla’s earlier marketing of “Autopilot” and “Full Self-Driving” violated state law, as noted in a CNBC report.
While the DMV opted not to suspend Tesla’s license after determining the company had updated its marketing language for its advanced driver-assistance systems, Tesla is asking the court to go further and reverse the agency’s conclusion.
In its Feb. 13 complaint, Tesla’s attorneys argued that the DMV “wrongfully and baselessly” labeled the company a “false advertiser” for its Autopilot and FSD systems. The filing argued that regulators failed to demonstrate that consumers were actually misled about the capabilities of Tesla’s systems.
According to Tesla’s complaint, the DMV “never proved consumers in the state had been confused about whether its cars were safe to drive without a human at the wheel.”
Tesla’s legal team further stated: “It was impossible to buy a Tesla equipped with either Autopilot or Full Self-Driving Capability, or to use any of their associated features, without seeing clear and repeated statements that they do not make the vehicle autonomous.”
Tesla now promotes its driver-assistance system as “Full Self-Driving (Supervised),” a name that overemphasizes the need for active driver attention.
Tesla’s autonomous driving program is a pivotal part of the company’s future, with CEO Elon Musk stating that self-driving technology will truly be the solution that will push Tesla into its full potential. The company is currently operating a Robotaxi pilot in Austin and the Bay Area, and the company recently announced that it has produced the first Cybercab from Giga Texas’ production line.
Tesla Megapack Megafactory in Texas advances with major property sale
Tesla Sweden strikers see tax issues over IF Metall union error
