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Tesla gets big legal wins as Musk finds himself at risk of libel over Thai caver controversy

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Tesla’s legal troubles got a bit lighter this week, while Elon Musk seemingly gave himself yet another self-inflicted blow. Earlier his week, Tesla won a dismissal of a securities fraud lawsuit over the company’s progress in the production of the Model 3. The company also won a court case against the Ontario government over the state’s cancellation of EV rebates for Tesla customers.

The securities fraud lawsuit against Tesla alleged that the company and its executives knowingly knew that they could not meet their self-imposed goals of producing 5,000 Model 3 per week by the end of December 2017. The lawsuit’s plaintiffs argued that despite knowing these, Tesla still gave the impression that it was equipped to meet its production goals. This caused the stock to become volatile, resulting in losses for some shareholders.

In a decision that was made public on Monday, U.S. District Judge Charles Breyer noted that while it was true that the electric car and energy company was not able to meet its self-imposed production goals, “federal securities laws do not punish companies for failing to achieve their targets.” Tesla, for its part, noted that its difficulties in reaching its manufacturing targets for the Model 3 were caused by bottlenecks in its Nevada Gigafactory and its main factory in Fremont, CA.

“Plaintiffs are correct that defendants’ qualifications would not have been meaningful if defendants had known that it was impossible for Tesla to meet its stated production goals, not merely highly unlikely. The facts plaintiffs have put forth do not tend to establish that this was the case,” Judge Breyer wrote.

Tesla also won a case it filed against the Ontario government over the cancellation of EV rebates for Tesla’s electric cars. The revised EV rebate program was rolled out by the new Ontario government, and it singled out Tesla’s customers from qualifying for rebates of up to $10,640. In a ruling on Monday, Judge Frederick Myers of Ontario opted to strike down the transition program rolled out by the new government. A spokesperson for Tesla issued a statement to Reuters welcoming the Ontario judge’s ruling.

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“Tesla only sought fair treatment for our customers, and we hope the Ministry now does the right thing by delivering on its promise to ensure all [electric vehicle]-owners receive their incentives,” the Tesla spokesperson said.

Unfortunately, this week also saw Elon Musk getting baited once more on Twitter over his previous comments about British cave explorer Vernon Unsworth, who was critical of Musk’s efforts to help a soccer team stranded in a flooded Thai cave system last July. After receiving requests online that he help in the Thai rescue efforts, Musk, together with SpaceX and Boring Co. engineers, developed a mini-submarine that the stranded children could use to escape the flooded cave system. Unsworth was dismissive of the mini-sub, stating that it would not work and suggesting that Musk “stick his submarine where it hurts.” In anger, Musk retorted, calling the caver a “pedo guy” on Twitter. Musk later deleted his tweet and apologized to Unsworth.

Just yesterday, Musk was on Twitter when he got baited into discussing Unsworth and his previous incendiary comments once more. At one point, Musk even noted that “You don’t think it’s strange he hasn’t sued me? He was offered free legal services.”

As it turns out, a libel lawsuit was indeed on the way. Unsworth is reportedly preparing to file a civil complaint for libel against Musk, according to a letter from the caver’s lawyer shared to CNBC. The attorney’s letter described Musk’s tweets as “false and defamatory.” The lawyer also urged Musk’s legal counsel to contact him to avoid litigation and correct the reportedly false statements. The letter was dated August 6, just a day before Musk posted his fateful “funding secured” tweet.

While Musk faces another possible lawsuit over his Twitter activity, Tesla continues to pursue its Model 3 ramp. The production of the electric car seems poised to hit record levels this quarter, with analyst Romit Shah of Nomura Instinet stating that Tesla could produce as many as 65,000-70,000 Model 3 this quarter. Baird analyst Ben Kallo is also optimistic about Tesla’s numbers this Q3, stating that the company’s fundamentals are “underappreciated” amidst the noise from the controversy resulting from Elon Musk’s go-private initiative. 

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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 expands its branded ‘For Business’ Superchargers

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Credit: Francis Energy

Tesla has expanded its branded ‘For Business’ Supercharger program that it launched last year, as yet another company is using the platform to attract EV owners to its business and utilize a unique advertising opportunity.

Francis Energy of Oklahoma is launching four Superchargers in Norman, where the University of Oklahoma is located. The Superchargers, which are fitted with branding for Francis Energy, will officially open tomorrow.

It will not be the final Supercharger location that Francis Energy plans to open, the company confirmed to EVWire.

Back in early September, Tesla launched the new “Supercharger for Business” program in an effort to give businesses the ability to offer EV charging at custom rates. It would give their businesses visibility and would also cater to employees or customers.

“Purchase and install Superchargers at your business,” Tesla wrote on a page on its website for the new program. “Superchargers are compatible with all electric vehicles, bringing EV drivers to your business by offering convenient, reliable charging.”

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The first site opened in Land O’ Lakes, Florida, which is Northeast of Tampa, as a company called Suncoast launched the Superchargers for local EV owners.

Tesla launches its new branded Supercharger for Business with first active station

The program also does a great job at expanding infrastructure for EV owners, which is something that needs to be done to encourage more people to purchase Teslas and other electric cars.

Francis Energy operates at least 14 EV charging locations in Oklahoma, spanning from Durant to Oklahoma City and nearly everywhere in between. Filings from the company, listed by Supercharge.info, show the company’s plans to convert some of them to Tesla Superchargers, potentially utilizing the new Supercharger for Business program to advertise.

Moving forward, more companies will likely utilize Tesla’s Supercharger for Business program as it presents major advantages in a variety of ways, especially with advertising and creating a place for EV drivers to gain range in their cars.

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Tesla Cybercab ‘breakdown’ image likely is not what it seems

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Credit: TslaChan | X

Tesla Cybercab is perhaps the most highly-anticipated project that the company plans to roll out this year, and as it is undergoing its testing phase in pre-production currently, there are some things to work through with it.

Over the weekend, an image of the Cybercab being loaded onto a tow truck started circulating on the internet, and people began to speculate as to what the issue could be.

The Cybercab can clearly be seen with a Police Officer and perhaps the tow truck driver by its side, being loaded onto, or even potentially unloaded from, the truck.

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However, it seems unlikely it was being offloaded, as its operation would get it to this point for testing to begin with.

It appears, at first glance, that it needs assistance getting back to wherever it came from; likely Gigafactory Texas or potentially a Bay Area facility.

The Cybercab was also spotted in Buffalo, New York, last week, potentially undergoing cold-weather testing, but it doesn’t appear that’s where this incident took place.

It is important to remember that the Cybercab is currently undergoing some rigorous testing scenarios, which include range tests and routine public road operation. These things help Tesla assess any potential issue the vehicle could run into after it starts routine production and heads to customers, or for the Robotaxi platform operation.

This is not a one-off issue, either. Tesla had some instances with the Semi where it was seen broken down on the side of a highway three years ago. The all-electric Semi has gone on to be successful in its early pilot program, as companies like Frito-Lay and PepsiCo. have had very positive remarks.

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Tesla reveals its first Semi customer after launch

The Cybercab’s future is bright, and it is important to note that no vehicle model has ever gone its full life without a breakdown. It happens, it’s a car.

Nevertheless, it is important to note that there has been no official word on what happened with this particular Cybercab unit, but it is crucial to remember that this is the pre-production testing phase, and these things are more constructive than anything.

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Investor's Corner

Tesla analyst teases self-driving dominance in new note: ‘It’s not even close’

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Credit: Tesla

Tesla analyst Andrew Percoco of Morgan Stanley teased the company’s dominance in its self-driving initiative, stating that its lead over competitors is “not even close.”

Percoco recently overtook coverage of Tesla stock from Adam Jonas, who had covered the company at Morgan Stanley for years. Percoco is handling Tesla now that Jonas is covering embodied AI stocks and no longer automotive.

His first move after grabbing coverage was to adjust the price target from $410 to $425, as well as the rating from ‘Overweight’ to ‘Equal Weight.’

Percoco’s new note regarding Tesla highlights the company’s extensive lead in self-driving and autonomy projects, something that it has plenty of competition in, but has established its prowess over the past few years.

He writes:

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“It’s not even close. Tesla continues to lead in autonomous driving, even as Nvidia rolls out new technology aimed at helping other automakers build driverless systems.”

Percoco’s main point regarding Tesla’s advantage is the company’s ability to collect large amounts of training data through its massive fleet, as millions of cars are driving throughout the world and gathering millions of miles of vehicle behavior on the road.

This is the main point that Percoco makes regarding Tesla’s lead in the entire autonomy sector: data is King, and Tesla has the most of it.

One big story that has hit the news over the past week is that of NVIDIA and its own self-driving suite, called Alpamayo. NVIDIA launched this open-source AI program last week, but it differs from Tesla’s in a significant fashion, especially from a hardware perspective, as it plans to use a combination of LiDAR, Radar, and Vision (Cameras) to operate.

Percoco said that NVIDIA’s announcement does not impact Morgan Stanley’s long-term opinions on Tesla and its strength or prowess in self-driving.

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NVIDIA CEO Jensen Huang commends Tesla’s Elon Musk for early belief

And, for what it’s worth, NVIDIA CEO Jensen Huang even said some remarkable things about Tesla following the launch of Alpamayo:

“I think the Tesla stack is the most advanced autonomous vehicle stack in the world. I’m fairly certain they were already using end-to-end AI. Whether their AI did reasoning or not is somewhat secondary to that first part.”

Percoco reiterated both the $425 price target and the ‘Equal Weight’ rating on Tesla shares.

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