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Tesla, Elon Musk seek dismissal in lawsuit alleging fraud and defamation

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Tesla and Elon Musk, jointly named as Defendants with Omar Qazi of the former @tesla_truth Twitter account, have filed a Motion to Dismiss an ongoing lawsuit brought by Plainsite.com owner Aaron Greenspan.

Greenspan, a Tesla short seller often associated with the online “$TSLAQ” community, is seeking an injunction and damages from alleged libelous activity by both Qazi and Musk. He also claims fraudulent communications by Musk and Tesla executives have lead to inflated company stock prices, thereby injuring his financial portfolio via stock purchases made and sold based on those communications. Tesla’s and Musk’s motion for dismissal was made as a separate action from the allegations against Qazi.

The Complaint, initially filed May 20, 2020, and later amended on July 2, 2020, is being litigated in the US Northern District of California, San Francisco Division under docket number 3:20-cv-03426-JD. The Motion to Dismiss was filed on July 31, 2020.

Tesla exhibits its electric cars and energy products at the 2018 LA Auto Show. [Credit: Christian Prenzler/Teslarati]

“Plaintiff’s allegations against the Tesla Defendants are not new. Plaintiff has been making the
same unsubstantiated and incendiary accusations—on Twitter, in purported online exposés, and in public and private communications—for years. What is new is Plaintiff’s attempt to transform his conspiracy theories, baseless suspicions, and Internet “research” into a federal lawsuit,” Tesla’s Motion argues against Greenspan’s claims. “Also new is Plaintiff’s apparent view that people should not use hyperbolic language or return his insults on the Internet, and Plaintiff’s claim that Mr. Musk’s dismissive commentary to and about him somehow damaged his reputation.”

The Complaint partly seeks to hold Musk liable for several statements made by Qazi during publicly-aired disagreements with Greenspan, characterizing the CEO’s positive replies to some of Qazi’s online posts as part of a “tag team” effort to discredit him. However, Tesla argues that liability would require a formal agent-type relationship between Qazi and Musk to hold legal weight. “While the [First Amended Complaint] speculates about ties between Mr. Qazi and Mr. Musk, Plaintiff tacitly admits he is not aware of such a relationship, other than alleged interactions on Twitter and in the media,” the Motion argues. Greenspan also cites Qazi’s attendance at a private Tesla event as evidence of an implied connection or common purpose with Musk.

Regarding any defamation claims, substantiated by Greenspan using email replies from Musk as well as Twitter comments in reply to a published article wherein derogatory remarks were made about Greenspan, Tesla’s Motion argues such comments are constitutionally protected opinions. Of particular note in the Complaint’s allegations is a supportive email to Twitter CEO Jack Dorsey sent by Musk purportedly in support of restoring Qazi’s suspended accounts.

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“Jack, what Omar is saying is accurate to the best of my knowledge. There has been an
orchestrated and sophisticated attempt to drive down Tesla stock through social media,
particularly Twitter,” Musk wrote.” This always increases around our earnings call, which is this
afternoon. Aaron Greenspan in particular has major issues. He’s the same nut but that claimed he was the founder of Facebook and sued Zuckerberg, among many other things. Never seen anything like it.”

In reference to this cited correspondence, Tesla argues, “As with his other statements, Mr. Musk’s reference to Plaintiff as a “nut but” with “major issues” is nonactionable opinion.”

Tesla Short Shorts (Credit: Tesla)

Most of the all-electric carmaker’s reply in the Motion, though, was focused on a legal defense against the most prevalent claims the Tesla short seller community is most vocal about: The company’s stock prices are artificially inflated due to fraudulent communication regarding their activities.

“As numerous courts have recognized, however, short sellers like Plaintiff…[sell] short because he believes the price of a stock overestimates its true value…whereas the premise of the fraud-on-the-market presumption is that investors rely on the market to reflect a stock’s true value,” Tesla states in their dismissal petition. “Plaintiff does not and could not claim that he relied on any alleged false statements because he believed that Tesla was engaged in fraud during the entire time he was betting against the Tesla stock… Even if Plaintiff could invoke the fraud-on-the market presumption, it would be conclusively rebutted because the Plaintiff plainly…would have bought or sold the stock even had he been aware that the stock’s price was tainted by fraud.”

Ultimately, Greenspan is seeking a declaratory judgment holding Qazi in contempt of court, a permanent injunction preventing further libelous statements against Greenspan in any published medium (written or oral), damages from Defendants’ alleged fraudulent actions to be assessed at time of trial, statutory damages from copyright infringements (over personal photos used as described in the suit), and punitive damages for alleged law breaking. Tesla and Musk, for their part, are seeking to have the case dismissed permanently, i.e., “with prejudice.”

For the average Tesla fan, owner, or stock holder, lawsuits may seem like something to avoid at (nearly) all costs, but Musk does not give the impression he has the same hesitation. The eccentric CEO makes his opinion of short sellers like Greenspan known quite often, and he has even humorously merchandised his ongoing battle by selling bright red “Short Shorts” donning the Tesla logo on the company web store.

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With Tesla stocks recently haven risen to a high of $1643 per share, the tensions between the camps will perhaps only continue to rise.

Tesla Motion to Dismiss, Aaron Greenspan by Teslarati on Scribd

Accidental computer geek, fascinated by most history and the multiplanetary future on its way. Quite keen on the democratization of space. | It's pronounced day-sha, but I answer to almost any variation thereof.

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Elon Musk: Self-sustaining city on Mars is plausible in 25-30 years

Musk noted that true self-sufficiency requires Mars to develop “all the ingredients of civilization.”

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Credit: Elon Musk/X

Elon Musk has stated that a self-sustaining human settlement on Mars could be established in 25-30 years, provided launch capacity increases dramatically in the coming decades. 

Speaking at the All-In Summit, the SpaceX CEO said building a self-sufficient colony depends on exponential growth in “tonnage to Mars” with each launch window, highlighting Starship’s role as the company’s pathway to interplanetary initiatives.

Mars settlement goals

Musk noted that true self-sufficiency requires Mars to develop “all the ingredients of civilization,” from food production to microchip manufacturing. Starship Version 3 is expected to support the first uncrewed Mars test flights, while future iterations could reach 466 feet in height and deliver larger payloads critical for settlement. Ultimately, Musk stated that an aggressive timeline for a city on Mars could be as short as 30 years, as noted in a Space.com report.

“I think it can be done in 30 years, provided there’s an exponential increase in the tonnage to Mars with each successive Mars transfer window, which is every two years. Every two years, the planets align and you can transfer to Mars. 

“I think in roughly 15, but maybe as few as 10, but 10-15-ish Mars transfer windows. If you’re seeing exponential increases in the tonnage to Mars with each Mars transfer window, then it should be possible to make Mars self-sustaining in about call it roughly 25 years,” Musk said. 

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Starship’s role

Starship has flown in a fully stacked configuration ten times, most recently in August when it completed its first payload deployment in orbit. The next flight will close out the Version 2 program before transitioning to Starship Version 3, featuring Raptor 3 engines and a redesigned structure capable of lifting over 100 tons to orbit.

While SpaceX has demonstrated Super Heavy booster reuse, Ship reusability remains in development. Musk noted that the heat shield is still the biggest technical hurdle, as no orbital vehicle has yet achieved rapid, full reuse.

“For full reusability of the Ship, there’s still a lot of work that remains on the heat shield. No one’s ever made a fully reusable orbital heat shield. The shuttle heat shield had to go through nine months of repair after every flight,” he said. 

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Tesla Model Y may gain an extra 90 miles of range with Panasonic’s next-gen battery

The Japanese company is pursuing an anode-free design.

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Credit: Tesla Manufacturing

Panasonic is developing a new high-capacity EV battery that could potentially extend the range of a Tesla Model Y by 90 miles. 

The Japanese company, one of Tesla’s key battery suppliers, is pursuing an anode-free design that it says could deliver a “world-leading” level of capacity by the end of 2027.

Panasonic’s anode-free design

The technology Panasonic is pursuing would eliminate the anode during the manufacturing process, as noted in a Reuters report. By freeing up space for more active cathode materials such as nickel, cobalt, and aluminum, the Japanese company expects a 25% increase in capacity without expanding battery size. 

That could allow Tesla’s Model Y to gain an estimated 145 kilometers (90 miles) of additional range if equipped with a battery that matches its current pack’s size. At the same time, Panasonic could use smaller, lighter batteries to achieve the Model Y’s current range. 

Panasonic also aims to reduce reliance on nickel, which remains one of the more costly raw materials. A senior executive previewed the initiative to reporters ahead of a scheduled presentation by Panasonic Energy’s technology chief, Shoichiro Watanabe.

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Tesla implications

The breakthrough, if achieved, could strengthen Panasonic’s position as Tesla’s longest-standing battery partner at a time when the automaker is preparing to enter an era of extreme scale driven by high-volume products like the Cybercab and Optimus.

Elon Musk has stated that products like Optimus would be manufactured at very high scale, so it would likely be an all-hands-on-deck situation for the company’s suppliers.

Panasonic did not share details on production costs or how quickly the new batteries might scale for commercial applications. That being said, the Japanese supplier has long been a partner of Tesla, so it makes sense for the company to also push for the next generation of battery innovation while the EV maker pursues even more lofty ambitions.

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Tesla called ‘biggest meme stock we’ve ever seen’ by Yale associate dean

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Credit: Tesla

Tesla (NASDAQ: TSLA) is being called “the biggest meme stock we’ve ever seen” by Yale School of Management Senior Associate Dean Jeff Sonnenfeld, who made the comments in a recent interview with CNBC.

Sonnenfeld’s comments echo those of many of the company’s skeptics, who argue that its price-to-earnings ratio is far too high when compared to other companies also in the tech industry. Tesla is often compared to companies like Apple, Nvidia, and Microsoft when these types of discussions come up.

Fundamentally, yes, Tesla does trade at a P/E level that is significantly above that of any comparable company.

However, it is worth mentioning that Tesla is not traded like a typical company, either.

Here’s what Sonnenfeld said regarding Tesla:

“This is the biggest meme stock we’ve ever seen. Even at its peak, Amazon was nowhere near this level. The PE on this, well above 200, is just crazy. When you’ve got stocks like Nvidia, the price-earnings ratio is around 25 or 30, and Apple is maybe 35 or 36, Microsoft around the same. I mean, this is way out of line to be at a 220 PE. It’s crazy, and they’ve, I think, put a little too much emphasis on the magic wand of Musk.”

Many analysts have admitted in the past that they believe Tesla is an untraditional stock in the sense that many analysts trade it based on narrative and not fundamentals. Ryan Brinkman of J.P. Morgan once said:

“Tesla shares continue to strike us as having become completely divorced from the fundamentals.”

Dan Nathan, another notorious skeptic of Tesla shares, recently turned bullish on the stock because of “technicals and sentiment.” He said just last week:

“I think from a trading perspective, it looks very interesting.”

Nathan said Tesla shares show signs of strength moving forward, including holding its 200-day moving average and holding against current resistance levels.

Sonnenfeld’s synopsis of Tesla shares points out that there might be “a little too much emphasis on the magic wand of Musk.”

Elon Musk just bought $1 billion in Tesla stock, his biggest purchase ever

This could refer to different things: perhaps his recent $1 billion stock buy, which sent the stock skyrocketing, or the fact that many Tesla investors are fans and owners who do not buy and sell on numbers, but rather on news that Musk might report himself.

Tesla is trading around $423.76 at the time of publication, as of 3:25 p.m. on the East Coast.

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