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Tesla hit with new lawsuit over Musk’s stock sale Twitter poll, Warren Tweets

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Tesla is being hit with a new lawsuit from institutional investors that questions whether the frontman’s Tweets are being reviewed. Several Tweets brought on the lawsuit, including one, sent on November 6th that polled Musk’s over 66 million followers whether he should sell 10% of his Tesla stock holdings. Additionally, Musk’s recent feud with Massachusetts Democrat Elizabeth Warren has also contributed to the lawsuit.

Musk is not formally listed as a defendant in the complaint.

Filed in the Delaware Chancery Court, the lawsuit accuses Musk of Tweeting in a manner that could affect the value of Tesla stock. According to Bloomberg Law, who discovered the lawsuit, the plaintiff is questioning whether Musk’s Tweets are under review in accordance with a 2019 settlement with the SEC, which required Tesla to “establish a new committee of independent directors and put in place additional controls and procedures to oversee Musk’s communications.”

“It is unclear who at Tesla, if anyone, is currently reviewing Musk’s tweets,” the lawsuit claims. “Musk remains undeterred and continues to post on Twitter and social media on matters that are material to Tesla and its stockholders, and which ultimately have an impact on Tesla’s stock prices.”

Tesla does not currently have a General Counsel in its legal department, which is likely the person who would be required to review Musk’s Tweets before they are sent. In December 2019, Johnathan Chang left the company and was its last full-time General Counsel. The company assigned Lynn Miller to the position shortly thereafter, but she left Tesla in June for autonomous trucking startup Plus.

Musk’s November 6th poll was sent after many days of speculation of whether the billionaire CEO, whose net worth has skyrocketed over the past two years thanks to Tesla stock, would pay capital gains taxes. Technically, the capital gains tax is a levy on the profit from an investment that is incurred only when the investment is sold. Because Musk had not sold any of his holdings, he technically would not be required to pay any taxes on his unrealized gains from Tesla’s increase in stock price.

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However, Musk was willing to sell 10% of his holdings and will pay a $15 billion tax bill based on options that will expire in August 2022. Tesla said in a 10-Q filing earlier this year:

“If the price of our common stock were to decline substantially, Mr. Musk may be forced by one or more of the banking institutions to sell shares of Tesla common stock to satisfy his loan obligations if he could not do so through other means. Any such sales could cause the price of our common stock to decline further.”

Musk will have to pay income tax on the options because he has to exercise them due to their expiration date. They are taxed as an employee benefit or compensation, according to CNBC, and he will pay a combined federal and state tax rate of 54.1%, or roughly $15 billion, as his gains on the options will be just under $28 billion.

The lawsuit also highlights a recent Twitter feud with Senator Elizabeth Warren, which has been a popular topic this week. Warren referred to Musk as a “freeloader” earlier this week, which brought a barrage of challenges from Musk, who reminded Warren of his massive tax bill and shared a 2019 article that called her a “fraud” for claiming to be Native American.

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The complaint requests that shareholders be given internal files from Tesla for inspection. Under Delaware law, shareholders of a public company who “credible suspect corporate wrongdoing” have the right to inspect these documents.

The case is Wagner v. Tesla Inc., Del. Ch., No. 2021-1090. The complaint was filed on December 16th.

Disclosure: Joey Klender is a TSLA Shareholder.

I’d love to hear from you! If you have any comments, concerns, or questions, please email me at joey@teslarati.com. You can also reach me on Twitter @KlenderJoey, or if you have news tips, you can email us at tips@teslarati.com.

Joey has been a journalist covering electric mobility at TESLARATI since August 2019. In his spare time, Joey is playing golf, watching MMA, or cheering on any of his favorite sports teams, including the Baltimore Ravens and Orioles, Miami Heat, Washington Capitals, and Penn State Nittany Lions. You can get in touch with joey at joey@teslarati.com. He is also on X @KlenderJoey. If you're looking for great Tesla accessories, check out shop.teslarati.com

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Elon Musk

Elon Musk gives his most telling Tesla-SpaceX merger conversation yet

Elon Musk hinted a Tesla-SpaceX merger could be coming, and Wall Street is taking notice.

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Elon Musk gave his clearest signal yet that Tesla and SpaceX could eventually combine, telling the All-In Summit in Los Angeles that the two companies’ deepening collaboration makes the question worth asking. Sawyer Merritt first surfaced the highlight on X Tuesday.

Asked directly why Tesla and SpaceX remain separate given how closely they already work together, Musk told hosts at the summit: “Great question there. With all this collaboration, on so many levels, who can imagine what action one might take when there’s so much close collaboration in so many areas.” SpaceX President Gwynne Shotwell, who joined Musk on stage, added that SpaceX personnel have already moved into xAI to fill leadership and engineering gaps, saying the businesses are integrating “faster than I thought,” though “not fully integrated yet,”

The comments landed on top of merger speculation that has been building on Wall Street for months. JPMorgan has called a tie-up “strategically coherent on paper,” pointing to overlapping ambitions in AI, robotics, energy, transportation and space. Jefferies went further, estimating Musk could retain roughly 55.3 percent voting control in a deal structured without a premium, a scenario that would still leave room for Tesla shareholders to come out ahead. On Kalshi, traders now put the odds of a merger before 2028 at 66 percent.

Tesla’s stake in SpaceX, still under one percent, traces back to its earlier investment in xAI, which converted to SpaceX equity after SpaceX absorbed the AI company. The two are also jointly building Terafab, a chip facility in Austin meant to serve both Tesla’s AI computing needs and SpaceX’s satellite ambitions. Wedbush analyst Dan Ives has stood by a 2027 merger timeline for months, and Cathie Wood’s ARK Invest recently floated a similar case, an idea Musk pushed back on directly at the time.

Another Tesla SpaceX merger prediction by ARK Invest has Elon Musk talking

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The timing adds another layer. Tesla has scheduled an October 1 unveiling for its next generation Roadster at a venue near SpaceX’s McGregor, Texas test site, using the phrase “Go for launch” in its promotional material. Both stocks dipped roughly 2 percent Monday before recovering slightly in premarket trading Tuesday, with SpaceX shares up about 0.4 percent and Tesla essentially flat.

Musk stopped short of confirming anything is in motion. But unlike his past denials of a corporate restructuring, this response didn’t rule one out, and it came with Shotwell sitting next to him describing an integration that’s already underway.

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Tesla Cybercabs narrowly miss deadly Amazon cargo plane crash

An Amazon cargo plane crash near Miami’s airport stopped feet from dozens of Tesla Cybercabs.

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Photorealistic depiction of the Amazon Prime plane crash in Miami on Sep 3, 2026 near a fleet of Tesla Cybercab
Photorealistic depiction of the Amazon Prime plane crash in Miami on Sep 3, 2026 near a fleet of Tesla Cybercab

An Amazon Prime Air Boeing 767 cargo jet overran the runway at Miami International Airport on Sunday afternoon, killing five people and injuring five more. The jet, operated by North Carolina based carrier 21 Air as Flight 7598, touched down around 2 p.m. after arriving from San Juan, Puerto Rico, then crossed the airport perimeter, plowed across NW 67th Avenue and struck multiple vehicles before catching fire, according to the Associated Press.

Photos and video from the scene show the aircraft’s nose stopped within meters of a fenced staging lot holding dozens of gold painted Tesla Cybercabs, the steering wheel free robotaxi Tesla began putting on public roads in Austin last week. Miami-Dade Fire Rescue has confirmed the plane struck “multiple vehicles” but has not said whether any Cybercabs were among them, and neither Tesla nor airport officials have addressed the fleet directly.

The Cybercabs had not yet entered commercial service in Miami. Tesla’s existing Robotaxi operation there runs on modified Model Y vehicles and has been unsupervised since Ashok Elluswamy confirmed the detail on X in July.


Elon Musk offered the briefest of reactions. Replying to a Zero Hedge post about the Cybercabs sitting so close to the wreckage, he wrote a single word: “Weird.” He has not commented further, and Tesla has not issued a statement.

The timing puts Tesla’s newest vehicle near an unrelated but highly visible tragedy just days after its Austin debut, a launch that had already drawn scrutiny from federal regulators. The National Highway Traffic Safety Administration opened an audit how Tesla certified the Cybercab as compliant with federal vehicle safety standards, a process Teslarati covered after the vehicle’s September 3 launch event. That inquiry concerns the car’s lack of a steering wheel and pedals, not the Miami crash.

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Investigators from the FAA and NTSB are focused on the plane, not the parking lot beside it. Flight data reviewed by outlets including Simple Flying show the 767 touched down around 170 knots, well above the 135 to 140 knot range typical for the aircraft, though investigators have not determined a cause. Amazon said it is working with authorities and that its priority is the safety of everyone affected.

Whether any Cybercabs were damaged, and what Tesla plans for the fleet parked near one of the country’s busiest airports, remain open questions.

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Tesla Cybercab is coming to Asia this month as US service officially begins

Tesla Asia says Cybercab will be on display in Hong Kong, Tokyo, Beijing and Shanghai this month.

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Concept image of Tesla Cybercab in the streets of Hong Kong via Grok
Concept image of Tesla Cybercab in the streets of Hong Kong via Grok

Tesla’s Cybercab is heading to Asia. The official Tesla Asia account posted on X Thursday, inviting Cybercab fans to “Come experience the future of autonomy in Hong Kong, Tokyo, Beijing & Shanghai.” The post went up within hours of Tesla’s own Cybercab milestone in Texas, where the company said Thursday it had begun offering rides in across Austin.

Exact dates and venues for the Asia tour haven’t been released yet, though Tesla Hong Kong replied to the announcement with “Cybercab will be on display in Hong Kong soon,” while Tesla Japan’s response pointed fans to a sign up page for updates. Neither post mentions test rides or a service area, and nothing so far suggests Tesla is launching Robotaxi operations in any of the four cities. Based on how Tesla has run past Cybercab tours, in Europe in late 2024 and at US shopping centers that same December, the Asia stops are almost certainly static displays at Tesla stores or public venues as a means to stimulate buzz for its future driverless ride-hailing service in the big cities.

The timing lines up with Tesla’s only prior Cybercab appearance in the region, a booth at the China International Import Expo in Shanghai last November, which Teslarati covered at the time. At that event, Tesla’s regional general manager for Shanghai framed the car as evidence of the company’s broader mission, a message Tesla has since formalized in its Master Plan Part IV, which states that “autonomous vehicles have the capacity to dramatically improve the affordability, availability and safety of transportation while reducing pollution, particularly in our increasingly dense global cities.” The same document is where Tesla lays out its “sustainable abundance” framing for Cybercab and Optimus alike, describing the two as the hardware behind an AI driven push to cut the cost of transportation and labor at scale.

Whether Cybercab actually operates as a robotaxi anywhere in Asia remains an open question, considering China has already pushed an autonomous ride-hailing market that’s run on homegrown players like Baidu’s Apollo Go and Pony AI. For now, the four city tour reads as a marketing push timed to Austin’s momentum.

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