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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.

“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.

“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.

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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

Don’t hesitate to contact us with news tips. Just send a message to simon@teslarati.com to give us a heads up.

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 Europe builds momentum with expanding FSD demos and regional launches

Needless to say, it appears that Tesla is putting in some serious effort into boosting sales in Europe this year. 

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Credit: Tesla Europe & Middle East/X

Tesla has been notably active across Europe in recent weeks, expanding its Full Self-Driving (Supervised) ride-along program, entering a new market, and showcasing its newest vehicles across multiple regions. 

Needless to say, it appears that Tesla is putting in some serious effort into boosting sales in Europe this year. 

Tesla Europe recently announced the expansion of its FSD (Supervised) ride-along experiences, inviting the public to experience the system on local roads. Initially available in Italy, France, and Germany when it launched, the program has now expanded to Hungary, Finland, and Spain.

The ride-along program allows participants to ride in the passenger seat and observe how FSD Supervised handles real-world traffic scenarios, including dense urban driving and other challenging conditions. Tesla has positioned the initiative as a way to familiarize European drivers and regulators with the system’s capabilities in everyday use. The program has received positive reviews so far, with many being impressed by FSD’s real-world capabilities. 

Tesla also recently launched operations in Slovakia with a pop-up store and multi-day public event in Bratislava, as noted in an EV Wire report. The launch, held from January 16 to 18 at the Eurovea Mall Promenade, featured test drives, vehicle displays, including the Cybertruck, as well as family-focused attractions such as a mini-Tesla racetrack. 

Local observers noted that Tesla Optimus was also shown at the event, while the Tesla Owners Slovakia club welcomed the brand with a coordinated light show near the Slovak National Theater. Tesla Europe later shared its appreciation for Slovakia in a post on its official social media account on X, stating, “Thanks, Slovakia, for the amazing last 3 days & for giving us such a warm welcome!”

Tesla’s Slovakia entry follows a familiar pattern used by the company in other European markets. Tesla opened a pop-up store in Bratislava as an initial step, with plans for a permanent showroom and a potential service center at a renovated site previously occupied by a Jeep and Dodge dealership. Tesla has used a similar approach in markets such as Czechia and Lithuania, where permanent facilities followed within a few months of pop-up launches.

Slovakia already has six Supercharging sites totaling 46 Superchargers, including two locations in Bratislava, providing early infrastructure support for Tesla owners. Tesla staff program manager Supratik Saha described the Slovakia launch as a strategic expansion in the heart of the EU, citing the country’s strong automotive manufacturing base and appetite for advanced technology.

Beyond the EU, the company also marked another milestone with the first Cybertruck deliveries in the United Arab Emirates, signaling continued geographic expansion for Tesla’s newest vehicle. Just like Tesla Slovakia, the Cybertruck also received a warm welcome from the UAE’s EV community. 

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Tesla Sweden maintains Trelleborg port deal despite union blockade

As noted in a report from Dagens Arbete (DA), Tesla was able to maintain its storage agreement with the Port of Trelleborg.

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Andrzej Otrębski, CC BY-SA 4.0 , via Wikimedia Commons

Tesla Sweden is still storing vehicles at the Port of Trelleborg despite the ongoing blockades against the company from the country’s labor unions. 

Tesla still at Port of Trelleborg

As noted in a report from Dagens Arbete (DA), Tesla was able to maintain its storage agreement with the Port of Trelleborg. This allows the company to keep vehicles at the port while imports into Sweden continue. This was despite the Transport Workers’ Union’s blockade, which was aimed at halting the loading and unloading of Tesla vehicles in the area.

Local union leader Jörgen Wärja, chairman of Transport and an employee representative on the port company’s board, confirmed that the agreement was still active. “The agreement has not been terminated. You want to have the money instead of having empty warehouses. I understand the reason, but I do not support it,” Wärja said

The local union leader also noted that he visited Tesla’s storage area earlier this week. “There were a lot of cars. I was surprised that there were so many, actually,” he said.

Tesla had been able to bring vehicles into Sweden via passenger ferries at Trelleborg, a method that unions said allowed the company to bypass the blockade, DA noted. According to estimates from IF Metall, the workaround enabled Tesla to deliver thousands of cars to Sweden each year.

Port defends decision

The Port of Trelleborg did not issue a comment on its current agreement with Tesla, but said it had complied with union sympathy measures. Documents reviewed by Swedish media showed that the contract with Tesla was being extended in six-month intervals.

Port CEO Malin Collin noted that the port would not discuss individual customer arrangements. “We do not go into details regarding any customer agreements. We have continuous dialogue with potential tenants, and this is not unique to any location,” Collin wrote in an email.

The CEO added that the port was following legal requirements related to the labor dispute. “We have taken note of the Transport Workers’ Union’s decision on sympathy measures and are of course following applicable legislation and the requirements placed on us as employers,” Collin said.

Jörgen Wärja, for his part, stated that the issue was not whether Tesla’s imports into Sweden could be fully stopped, but whether the port should provide logistical support to the electric vehicle maker during an active conflict. “The port shouldn’t have anything to do with Tesla at all, we believe,” he said. “It’s purely moral. Whether you honor a conflict or not. If you say you support Transport’s sympathetic actions against Tesla, it becomes a double standard.”

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Elon Musk shares insights on SpaceX and Tesla’s potential scale

In a pair of recent posts on X, Musk argued that both companies operate in domains where growth is not linear, but exponential.

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Credit: xAI

Elon Musk outlined why he believes Tesla and SpaceX ultimately dwarf their competitors, pointing to autonomy, robotics, and space-based energy as forces that fundamentally reshape economic scale. 

In a pair of recent posts on X, Musk argued that both companies operate in domains where growth is not linear, but exponential.

Space-based energy

In a response to a user on X who observed that SpaceX has a larger valuation than all six US defense companies combined, Musk explained that space-based industries will eventually surpass the total economic value of Earth. He noted that space allows humanity to harness roughly 100,000 times more energy than Earth currently uses, while still consuming less than a millionth of the Sun’s total energy output.

That level of available energy should enable the emergence and development of industries that are simply not possible within Earth’s physical and environmental constraints. Continuous solar exposure in space, as per Musk’s comment, removes limitations imposed by atmosphere, weather, and land availability.

Autonomy and robots

In a follow-up post, Elon Musk explaned that “due to autonomy, Tesla is worth more than the rest of the auto industry.” Musk added that this assessment does not yet account for Optimus, Tesla’s humanoid robot. As per the CEO, once Optimus reaches scaled production, it could increase Earth’s gross domestic product by an order of magnitude, ultimately paving the way for sustainable abundance.

Even before the advent of Optimus, however, Tesla’s autonomous driving system already gives vehicles the option to become revenue-generating assets through services like the Tesla Robotaxi network. Tesla’s autonomous efforts seem to be on the verge of paying off, as services like the Robotaxi network have already been launched in its initial stages in Austin and the Bay Area. 

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