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Elon Musk’s Twitter trial delay request denied, but addition of whistleblower complaint gets approval

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Elon Musk’s request to delay his trial against Twitter has been denied by a Delaware court. However, Musk’s request to include the claims put forth by whistleblower and former Twitter security chief Peiter “Mudge” Zatko in his countersuit against the social media company has also been approved.

The ruling was outlined by Chancellor Kathaleen McCormick in a letter. With this in mind, Elon Musk has gained a small win and a loss in his initial session with Twitter in court. Musk’s legal team had requested to push the trial back to mid-November, but with the rejection of the request, the trial is still expected to begin on October 17, 2022.

“Defendants’ motion to extend the case schedule is denied… In arguing that trial should be delayed by at least four weeks, Defendants contend that no external deadline creates any urgency. They observe that the merger agreement’s “termination date of October 24, 2022is automatically stayed if litigation is commenced, and debt financing has an outside date of April 25, 2023.”

“They adduce, therefore, that ‘any prejudice to Twitter can be easily mitigated by . . . continu[ing] the trial date.’ But the opposite is true. I previously rejected Defendants’ arguments in response to Twitter’s motion to expedite, making clear that the longer the delay until trial, the greater the risk of irreparable harm to Twitter. Indeed,Twitter has represented that the anticipated risk of harm has materialized over the course of this litigation.

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“Twitter ‘has suffered increased employee attrition,’ which ‘undermin[es]the company’s ability to pursue its operations goals. The company has been forced for months to manage under the constrains of a repudiated merger agreement, including Defendants’ continued refusal to provide any consents for matters under the operating covenants. ‘I am convinced that even four weeks’ delay would risk further harm to Twitter too great to justify,” McCormick wrote.

But while Musk’s efforts to delay the trial were unsuccessful, the Tesla CEO’s efforts to augment his countersuit with former Twitter security chief Peiter Zatko’s whistleblower complaint were successful. Zatko had accused Twitter of fraud while also noting that the social media company did not really care to find out how many of its users were spam or fake accounts. Twitter, for its part, has been dismissive of Zatko’s whistleblower complaints.

Twitter lawyers, during their session in a Delaware Chancery court on Tuesday, claimed that Zatko’s accusations do not meet the legal standard to nullify its merger contract with Musk even if they were true. Twitter’s legal team also noted that while Zatko did raise security concerns during his tenure with the company, Twitter investigated the issues internally and found that the security chief’s concerns were “without merit.”

McCormick, however, does not seem to agree with Twitter’s legal team on the issue.

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“Defendant’s motion to amend is granted… The newly published Whistleblower Complaint would be grounds in most instances to permit an amendment under the low bar of Rule 15(a). Twitter argues that the amendment would be futile, but their arguments falter against the exceedingly movant-friendly standard of Rule 15(a). I am reticent to say more concerning the merits of the counterclaims at this posture before they have been fully litigated. The world will have to wait for the post-trial decision.

“Twitter also argues that the amendment would be prejudicial to the extent it would expand discovery and extend the case schedule, and Twitter’s arguments to this effect are far more forceful than Twitter’s futility arguments. But that prejudice can be mitigated by cabining additional discovery to the new allegations and maintaining the existing case schedule. So that is what I will do,” McCormick wrote.

Chancellor Kathaleen McCormick’s letter can be viewed below.

Letter Decision Resolving Defendants' Motion for Leave to Amend and Extend Case Schedule (003) by Simon Alvarez on Scribd

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Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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Tesla owners surpass 8 billion miles driven on FSD Supervised

Tesla shared the milestone as adoption of the system accelerates across several markets.

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Credit: Tesla

Tesla owners have now driven more than 8 billion miles using Full Self-Driving Supervised, as per a new update from the electric vehicle maker’s official X account. 

Tesla shared the milestone as adoption of the system accelerates across several markets.

“Tesla owners have now driven >8 billion miles on FSD Supervised,” the company wrote in its post on X. Tesla also included a graphic showing FSD Supervised’s miles driven before a collision, which far exceeds that of the United States average. 

The growth curve of FSD Supervised’s cumulative miles over the past five years has been notable. As noted in data shared by Tesla watcher Sawyer Merritt, annual FSD (Supervised) miles have increased from roughly 6 million in 2021 to 80 million in 2022, 670 million in 2023, 2.25 billion in 2024, and 4.25 billion in 2025. In just the first 50 days of 2026, Tesla owners logged another 1 billion miles.

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At the current pace, the fleet is trending towards hitting about 10 billion FSD Supervised miles this year. The increase has been driven by Tesla’s growing vehicle fleet, periodic free trials, and expanding Robotaxi operations, among others.

Tesla also recently updated the safety data for FSD Supervised on its website, covering North America across all road types over the latest 12-month period.

As per Tesla’s figures, vehicles operating with FSD Supervised engaged recorded one major collision every 5,300,676 miles. In comparison, Teslas driven manually with Active Safety systems recorded one major collision every 2,175,763 miles, while Teslas driven manually without Active Safety recorded one major collision every 855,132 miles. The U.S. average during the same period was one major collision every 660,164 miles.

During the measured period, Tesla reported 830 total major collisions with FSD (Supervised) engaged, compared to 16,131 collisions for Teslas driven manually with Active Safety and 250 collisions for Teslas driven manually without Active Safety. Total miles logged exceeded 4.39 billion miles for FSD (Supervised) during the same timeframe.

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The Boring Company’s Music City Loop gains unanimous approval

After eight months of negotiations, MNAA board members voted unanimously on Feb. 18 to move forward with the project.

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(Credit: The Boring Company)

The Metro Nashville Airport Authority (MNAA) has approved a 40-year agreement with Elon Musk’s The Boring Company to build the Music City Loop, a tunnel system linking Nashville International Airport to downtown. 

After eight months of negotiations, MNAA board members voted unanimously on Feb. 18 to move forward with the project. Under the terms, The Boring Company will pay the airport authority an annual $300,000 licensing fee for the use of roughly 933,000 square feet of airport property, with a 3% annual increase.

Over 40 years, that totals to approximately $34 million, with two optional five-year extensions that could extend the term to 50 years, as per a report from The Tennesean.

The Boring Company celebrated the Music City Loop’s approval in a post on its official X account. “The Metropolitan Nashville Airport Authority has unanimously (7-0) approved a Music City Loop connection/station. Thanks so much to @Fly_Nashville for the great partnership,” the tunneling startup wrote in its post. 

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Once operational, the Music City Loop is expected to generate a $5 fee per airport pickup and drop-off, similar to rideshare charges. Airport officials estimate more than $300 million in operational revenue over the agreement’s duration, though this projection is deemed conservative.

“This is a significant benefit to the airport authority because we’re receiving a new way for our passengers to arrive downtown at zero capital investment from us. We don’t have to fund the operations and maintenance of that. TBC, The Boring Co., will do that for us,” MNAA President and CEO Doug Kreulen said. 

The project has drawn both backing and criticism. Business leaders cited economic benefits and improved mobility between downtown and the airport. “Hospitality isn’t just an amenity. It’s an economic engine,” Strategic Hospitality’s Max Goldberg said.

Opponents, including state lawmakers, raised questions about environmental impacts, worker safety, and long-term risks. Sen. Heidi Campbell said, “Safety depends on rules applied evenly without exception… You’re not just evaluating a tunnel. You’re evaluating a risk, structural risk, legal risk, reputational risk and financial risk.”

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Tesla announces crazy new Full Self-Driving milestone

The number of miles traveled has contextual significance for two reasons: one being the milestone itself, and another being Tesla’s continuing progress toward 10 billion miles of training data to achieve what CEO Elon Musk says will be the threshold needed to achieve unsupervised self-driving.

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Credit: Tesla

Tesla has announced a crazy new Full Self-Driving milestone, as it has officially confirmed drivers have surpassed over 8 billion miles traveled using the Full Self-Driving (Supervised) suite for semi-autonomous travel.

The FSD (Supervised) suite is one of the most robust on the market, and is among the safest from a data perspective available to the public.

On Wednesday, Tesla confirmed in a post on X that it has officially surpassed the 8 billion-mile mark, just a few months after reaching 7 billion cumulative miles, which was announced on December 27, 2025.

The number of miles traveled has contextual significance for two reasons: one being the milestone itself, and another being Tesla’s continuing progress toward 10 billion miles of training data to achieve what CEO Elon Musk says will be the threshold needed to achieve unsupervised self-driving.

The milestone itself is significant, especially considering Tesla has continued to gain valuable data from every mile traveled. However, the pace at which it is gathering these miles is getting faster.

Secondly, in January, Musk said the company would need “roughly 10 billion miles of training data” to achieve safe and unsupervised self-driving. “Reality has a super long tail of complexity,” Musk said.

Training data primarily means the fleet’s accumulated real-world miles that Tesla uses to train and improve its end-to-end AI models. This data captures the “long tail” — extremely rare, complex, or unpredictable situations that simulations alone cannot fully replicate at scale.

This is not the same as the total miles driven on Full Self-Driving, which is the 8 billion miles milestone that is being celebrated here.

The FSD-supervised miles contribute heavily to the training data, but the 10 billion figure is an estimate of the cumulative real-world exposure needed overall to push the system to human-level reliability.

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