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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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Elon Musk

NYC Comptroller moves to sue Tesla for securities violations

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MINISTÉRIO DAS COMUNICAÇÕES, CC BY 2.0 , via Wikimedia Commons

New York City Comptroller Brad Lander is urging the NYC Law Department to sue Tesla for securities violations related to CEO Elon Musk’s involvement in the Department of Government Efficiency (DOGE).

Lander said the basis for the potential litigation lies on “material misstatements from Tesla claiming that CEO Elon Musk spends significant time on the company and is highly active in its management, despite his helming the Trump Administration’s DOGE initiative.”

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It is a common complaint amongst some Tesla shareholders who are less than enthusiastic about Musk’s involvement in DOGE. Some feel as if Musk is not concerned about Tesla, especially as the stock has dropped over 28 percent this year. However, Musk has continued to double down on his position within the U.S. government.

Nevertheless, Musk’s position in Tesla is still very apparent. He headed an All-Hands meeting just two weeks ago that showed his commitment to the company as he outlined future plans and even joked to employees that they should hold onto their stock.

However, Lander believes Musk’s involvement has hurt New York City pension systems, which have lost over $300 million so far this year. He said:

“In less than three months, Tesla stock has lost nearly 40% of its value, with losses over $300 million for the New York City pension systems. We have long expressed concerns that the Tesla board has failed to provide independent oversight, or to require that Musk – or someone else – serve as a full-time CEO.”

Lander went on to say that “material misstatements from Tesla misled investors about his role at the company,” stating this was his reasoning for calling on the Law Department to file securities litigation against the company.

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He believes taking it to court will force changes and will return Tesla shares back to a level that will benefit pension systems in New York City:

“Shareholder litigation could force the changes in governance and leadership that Tesla needs, and help recover some of our pension systems’ losses. Otherwise, we may need to consider divestment.”

The pension systems would be able to pursue financial damages to cover losses and seek governance changes, it says.

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Tesla is testing a Model 3 with some mysterious cameras in the U.S.

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Credit: u/Ready_Medium_6693

Tesla is testing a Model 3 with some mysterious cameras, potentially hinting toward the imminent release of the Cybercab and robotaxi platform in the United States.

After Tesla unveiled the Cybercab in Los Angeles in early October, the company suggested that it would be on its way to launching driverless rides in the U.S. in the near future.

Now, Tesla is inching toward a driverless ride-hailing service in Austin, Texas, among some other potential locations, but it is still working toward a platform that is robust enough to handle it.

Although the company’s Full Self-Driving suite is one of the more advanced on the market, Tesla is still working to accomplish what it feels is a mode of transportation that is safer than a human driver. The robotaxi and Cybercab rollouts will likely accomplish that, but there is still work to be done beforehand.

Now, Tesla is testing a Model 3 in the U.S. that was spotted in several different locations in the Northeastern part of the country, as cameras are seen on this vehicle in locations that are not necessarily typical for what it offers currently:

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Another one is seen here:

Interestingly, we saw similar camera locations on the Cybercab at the event in October. Tesla is not testing the Cybercab but instead implementing these cameras on a comparable position on its other vehicles.

These are the cameras we spotted on the Cybercab at the event in October:

In the past, Tesla has used a variety of strategies to measure self-driving accuracy, including LiDAR, which has been seen on some testing mules that we have spotted out in public.

Tesla CEO Elon Musk has said that the company does not need LiDAR on testing mules for ground truth, but we still spot them from time to time on public roads.

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It’s an appropriate way just to cross Ts and dot Is:

Tesla Model X testing mule spotted with LiDAR rig ahead of Robotaxi event

The company is still moving toward that initial rollout of driverless ride-hailing in Austin in June, and some company executives have stated that the Cybercab will be the vehicle it uses for these initial rides.

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Tesla adds security feature to Android with latest software update

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Credit: @greggertruck/X

Tesla is bolstering its release of features to Android users as it is rolling out some new things with its latest software update.

Update v4.43.5 will see Tesla add a Dashcam Viewer for Android phones, a new feature that will make it simpler to access and manage both Dashcam and Sentry Mode videos. This has been available to iPhone users for some time, but Android owners have not had access to this quite yet.

Tesla describes the release of the feature in release notes (via Not a Tesla App):

“The Dashcam Viewer is now available in the Tesla app for Android users.

The Dashcam Viewer makes it easy to access and manage your car’s Dashcam and Sentry Mode videos. Accessing videos on your phone is faster and more convenient, but it does come with a few requirements.

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The Dashcam Viewer in the Tesla app allows you to view, delete, or save video clips right from your device. This should result in higher quality content being shared online and fewer videos of owners recording their Tesla’s screens with their phones.”

The feature creates a more convenient option to view things that your Tesla has captured on its dashcam or on its external cameras through Sentry Mode, its security camera system that records things that happen around the vehicle.

Sentry Mode has been a great addition for Tesla owners lately, as more and more instances of vandalism have been occurring in the past few months.

It seems Tesla might have made it a point to roll this feature out, especially as it would allow those who are getting Sentry Mode alerts to capture footage of keying or tire slashing, two common techniques used by those who dislike Tesla and/or Elon Musk.

Tesla quietly added this extra Sentry Mode feature to deter vandals

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The last time Tesla rolled out some features to Android owners was in January when it beefed up offerings for those who do not use iOS. The January update saw Phone Key Improvements and Hands-Free Trunk Opening make their way to Android users.

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