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

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3 years ago

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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.

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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.

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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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Elon Musk

Tesla stock rebounds and Tim Walz backtracks: ‘I was making a joke’

Published

17 minutes ago

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March 24, 2025

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Credit: @TeslaFrenzy/X

Tesla stock rebounded over 20 percent in the past five trading days, and, coincidentally, the boost came just after Tim Walz said he gets a boost from watching the automaker’s shares fall.

Although Walz’s pushback against Tesla stock mostly comes from his evident distaste for CEO Elon Musk, who has joined President Donald Trump’s team as the head of the Department of Government Efficiency (DOGE), it seems he might not have realized the EV maker’s shares make up a portion of his state’s pension fund.

This was something Shark Tank’s Kevin O’Leary mentioned last week after Walz’s comments. However, now that Tesla shares are rising once again, Walz is backtracking by saying that his comment from last week was his attempt at humor.

Walz said:

“I have to be careful about being a smartass. I was making a joke. These people have no sense of humor.”

Tesla shares have rebounded nicely since a substantial drop so far this year.

Although the stock is still down about 28 percent this year, things are looking better for the company as it now shifts its focus to the release of several affordable models, the ramp of the new Model Y “Juniper,” the release of the Cybercab and Robotaxi platform in Texas and California, and other potential catalysts like the Optimus robot.

Tesla aiming to produce first “legion” of Optimus robots this 2025

Last week’s All-Hands meeting from Tesla was publicly broadcast on X and seemed to be the response many investors were hoping for as questions started to seep in regarding Musk’s commitment to the company.

While his attention seems to be on solving government spending and eliminating corruption, it is evident Musk is still paying attention to what is going on at Tesla.

Shares are up over 10 percent at 1:05 p.m. on the East Coast, trading at around $274.

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Tesla is back on top in Norway with new Model Y starting deliveries

Tesla registered over 1,000 Model Ys in Norway this March, more than twice the tally of its closest rival, the Volkswagen ID. Buzz.

Published

38 minutes ago

on

March 24, 2025

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Credit: Tesla Asia/X

Tesla has staged a comeback in Norway’s electric vehicle market with the launch of the new Model Y. With deliveries starting domestically, the new all-electric crossover has reclaimed its spot as Norway’s most registered car this month and year-to-date.

Tesla’s results in Norway this month could be seen in Elbilstatistikk, which closely tracks EV registrations in the country.

New Model Y Boost Tesla in Norway

Data from Elbilstatistikk revealed that Tesla Norway has seen over 1,000 Model Y registrations this March so far, more than twice the tally of its closest rival, the Volkswagen ID. Buzz, which has over 400 registrations. The new Model Y’s comeback also resulted in the all-electric crossover being the county’s top electric vehicle year-to-date, with 2,032 registrations so far.

The new Model Y’s dominant performance in Norway hints at the vehicle’s strong appeal to consumers, especially considering the controversial nature of the company’s CEO, Elon Musk, today. Sentiments against Musk have been notable as of late, resulting in some Tesla owners feeling the brunt of vandalism and abuse incidents in the United States, Canada, and some areas of Europe.

Credit: Elbilstatistikk

High Hopes for New Model Y

The Model Y comprises a huge portion of Tesla’s global sales. During Tesla’s Q1 2025 All-Hands meeting, Elon Musk highlighted that the Model Y is the company’s most successful vehicle so far. Such comments are accurate considering that the Model Y classic became the world’s best-selling vehicle by volume in both 2023 and 2024. As per Musk during the recent All-Hands meeting, the revamped Model Y should be able to achieve such heights this year as well.

“Model Y became the best-selling vehicle in the world. You know FYI, we do make the best. It’s like, how are we doing in our popularity? Well, we actually literally make the best-selling car on Earth, of any kind. That’s two years in a row. And it’s going to be the best-selling car on Earth again this year,” Musk stated.

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Tesla new Model Y needs a telescope to see its closest competitor in China

With the new Model Y now being delivered to domestic customers, Tesla China’s new vehicle registrations have seen a notable rise.

Published

2 hours ago

on

March 24, 2025

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Credit: Tesla China

Tesla China’s vehicle sales saw a strong recovery once the new Model Y started customer deliveries. This could be seen in China’s rankings for premium battery electric SUVs priced from RMB 200,000 to RMB 300,000 during the week of March 10-16, 2025.

As per the week’s rankings, the new Model Y’s sales are so far ahead, it would need a telescope to see its closest competitor.

Tesla China’s February Results

A look at the mainstream news cycle would show that Tesla China saw a notable drop in February. During the month, Tesla sold 30,688 vehicles wholesale, a 51.47% decline from January’s 63,238 and a 49.16% slide from the 60,365 that were sold wholesale in February 2024. 

It should be noted that the new Model Y only started local deliveries in the final days of February. This meant that for the majority of the month, Tesla China was mostly clearing out its inventory of Model Y classic units. This essentially resulted in Tesla China’s strongest seller being throttled for most of February. This will likely not be the case this March.

New Model Y’s March Comeback

With the new Model Y now being delivered to domestic customers, Tesla China’s new vehicle registrations have seen a notable rise. During the week of March 10-16, 2025, Tesla China saw 15,300 new vehicle registrations, the highest for the quarter. These figures were bolstered by the new Model Y, whose local sales reached 9,451 units during the week. 

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With 9,451 units sold during the week ending March 16, the new Model Y became China’s best-selling premium electric SUV priced from RMB 200,000 to RMB 300,000. This is a notable accomplishment for the new Model Y, especially since its closest competitor, the Zeekr 7X, was able to sell just 1,390 units during the same week. That’s just about 14% of the new Model Y’s sales.

Tesla China’s Potential Q1 Results

Considering that Tesla China did not start local deliveries of the new Model Y until late February, it would not be surprising if the electric vehicle maker’s first quarter delivery numbers show a year-over-year decline. A clearer view of the new Model Y’s overall effect on Tesla China’s local sales would likely become more evident in the coming quarters.

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