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

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5 years ago

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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

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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

‘I don’t understand TSLAQ:’ notable investor backs Tesla, Elon Musk

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6 minutes ago

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October 8, 2025

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tesla showroom
(Credit: Tesla)

One notable investor that many people will recognize said today on X that he does not understand Tesla shorts, otherwise known as $TSLAQ, and he’s giving some interesting reasons.

Martin Shkreli was long known as “Pharmabro.” For years, he was known as the guy who bought the rights to a drug called Daraprim, hiked the prices, and spent a few years in Federal prison for securities fraud and conspiracy.

Shkreli is now an investor who co-founded several hedge funds, including Elea Capital, MSMB Capital Management, and MSMB Healthcare. He is also known for his frank, blunt, and straightforward responses on X.

His LinkedIn currently shows he is the Co-Founder of DL Software Inc.

One of his most recent posts on X criticized those who choose to short Tesla stock, stating he does not understand their perspective. He gave a list of reasons, which I’ll link here, as they’re not necessarily PG. I’ll list a few:

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  • Fundamentals always have and will always matter
  • TSLAQ was beaten by Tesla because it’s “a great company with great management,” and they made a mistake “by betting against Elon.”
  • When Shkreli shorts stocks, he is “shorting FRAUDS and pipe dreams”

After Shkreli continued to question the idea behind shorting Tesla, he continued as he pondered the mentality behind those who choose to bet against the stock:

“I don’t understand ‘TSLAQ.’ Guy is the richest man in the world. He won. It’s over. He’s more successful with his 2nd, 3rd, and 4th largest companies than you will ever be, x100.

You can admit you are wrong, it’s just a feeling which will dissipate with time, trust me.”

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According to reports from both Fortune and Business Insider, Tesla short sellers have lost a cumulative $64.5 billion since Tesla’s IPO in 2010.

Elon Musk issues dire warning to Tesla (TSLA) shorts

Shorts did accumulate a temporary profit of $16.2 billion earlier this year.

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Tesla will let you bring back this removed Model 3 part for a price

It will cost $595 and is available on Tesla’s website. You will have to have a Model 3 on your Tesla account to purchase the stalk retrofit kit.

Published

3 hours ago

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October 8, 2025

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Credit: Tesla Asia/X

Tesla is now letting Model 3 owners in the United States bring back one part that the company decided to remove after it refreshed the all-electric sedan last year. Of course, you can do it for a price.

With the Model 3 “Highland” refresh that Tesla launched last year, one of the most monumental changes the company made was to ditch the turn signal stalk altogether. Instead, Tesla opted for turn signal buttons, which have been met with mixed reviews.

I drove the new Tesla Model 3, here’s what got better

The change was widely regarded as Tesla preparing for more autonomous driving in its vehicles, especially as its interiors have gotten even more minimalistic.

The lack of a stalk in the new Model 3 was just another move the company made to adjust drivers and passengers to seeing less at the steering wheel column.

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However, many drivers did not prefer the use of buttons and wanted the stalk reinstalled. Tesla allowed it in several regions, launching a retrofit kit. It has now made its way to the United States:

It will cost $595 and is available on Tesla’s website. You will have to have a Model 3 on your Tesla account to purchase the stalk retrofit kit.

It is interesting to note that despite Tesla’s strategy to remove the stalk with the new Model 3, which was released in early 2024, the company did not choose to make the same move with the new Model Y.

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The new Model Y launched in the United States in early 2025, and Tesla chose to install a stalk in this vehicle.

It seemed as if the turn signal buttons were too much of a polarizing feature, and although the company technically could have given orderers an option, it would not have been the most efficient thing for manufacturing.

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Tesla Full Self-Driving v14.1 first impressions: Robotaxi-like features arrive

Tesla Full Self-Driving v14.1 is here, and we got to experience it for ourselves.

Published

4 hours ago

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October 8, 2025

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Tesla rolled out its Full Self-Driving v14.1 yesterday, its first public launch of its most robust and accurate FSD iteration yet. Luckily, I was able to get my hands on it through the Early Access Program.

The major changes in FSD v14.1 were revealed in the release notes, which outline several notable improvements in areas such as driving styles, parking, and overall navigation. Here’s what Tesla outlined fully in its release notes:

  • Added Arrival Options for you to select where FSD should park: in a Parking Lot, on the Street, in a Driveway, in a Parking Garage, or at the Curbside.
  • Added handling to pull over or yield for emergency vehicles (e.g. police cars, fire trucks, ambulances).
  • Added navigation and routing into the vision-based neural network for real-time handling of blocked roads and detours.
  • Added additional Speed Profile to further customize driving style preference.
  • Improved handling for static and dynamic gates.
  • Improved offsetting for road debris (e.g. tires, tree branches, boxes).
  • Improve handling of several scenarios including: unprotected turns, lane changes, vehicle cut-ins, and school busses.
  • Improved FSD’s ability to manage system faults and recover smoothly from degraded operation for enhanced reliability.
  • Added alerting for residue build-up on interior windshield that may impact front camera visibility. If affected, visit Service for cleaning!

I wanted to try it for myself. My big must-dos were my complaints with v13.2.9, which included parking when arriving at a destination, Navigation when leaving a destination, and definitely a general improvement in the car traveling at an acceptable rate of speed, even when using the “Hurry” driving style.

Here’s what I noticed with the new Full Self-Driving v14.1:

Speed Profiles are More Realistic

I am driving on “Hurry” about 95% of the time when utilizing Full Self-Driving. In past versions, most notably v13.2.9, my Tesla would slowly reach the speed limit, and it would tend to hang out at about 1-2 MPH either above or below it.

My first observation with v14.1 was the vehicle’s tendency to get right up to speed and, since I was still on Hurry, drive slightly above the speed limit. It never got out of line; it traveled at speeds I would typically drive at manually.

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I think this is a big improvement on its own, because I felt that I was pressing the accelerator too frequently in past FSD versions. Oftentimes, it just wasn’t going fast enough to justify the “Hurry” label; it felt more conservative and more like a student driver than anything.

Check it out:

This was among my favorite improvements, and it was the first thing I noticed as the car navigated me to the Supercharger, where my next positive is.

Navigating into parking lots, self-parking at Supercharger

One of the changes noted in the Release Notes was the addition of Arrival Options, which allows the car to select the appropriate parking situation. Since I was going to charge, the car had already chosen “Charger” as the parking option.

Pulling into a gas station or convenience store, especially during work days, can be stressful, as they are usually congested and full of foot and vehicle traffic. In past FSD versions, I have noticed the car being slightly “jumpy” and even hesitant to proceed through the lot.

Driving through parking lots was a noticeable improvement. It seems as if the car is much more confident in making its way through, while still being aware and cautious enough to safely navigate to the Supercharger.

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It then backed straight into a Supercharger stall, which was recently repaired and is once again active. I was actually upset it chose this specific stall because it had been inactive for a while. However, Tesla got this stall back up and running, the car chose it, and backed into the spot flawlessly:

This was super cool to experience, and I think it is a testament to how hard the Tesla AI team has worked. CEO Elon Musk recently stated that FSD would enable automatic parking at Superchargers, which was really awesome to experience firsthand.

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I decided to leave the Supercharger and go to an auto parts store to pick up some interior cleaner and some microfiber towels. I love keeping my Tesla clean!

I also thought it would be a great opportunity to see how it would react to another parking lot, how it would navigate it, and let it choose a parking spot. It did it all flawlessly:

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I had zero complaints about everything here. All of it was done really well.

Making a choice after being caught in the middle of an intersection

I arrived at a tight intersection in Dallastown, PA, and what my car did next has catalyzed quite a conversation on X.

It proceeded out into the middle of the intersection as the light was green. It had to yield to oncoming traffic, and while waiting, the light turned yellow, then red.

Most people, including myself, would have turned right and proceeded through the intersection since the car was already past the line. However, FSD chose to back up and wait for the next light cycle, which I felt was also a more than acceptable option:

There are some conflicting perspectives on what it chose to do here. Some said they would have proceeded and would want FSD to also proceed. I can agree with that perspective, but I also think it is not the worst thing in the world to back up. In Pennsylvania, I couldn’t find the exact law that says what is right or wrong. Instead, I did see that a left turn on red is only feasible when you’re going from a One-Way street to another One-Way.

I’m not totally sure what is “correct” here, but I think either option is fine. I have personally done both, and I’ve seen other drivers do both. I was more than fine with the car doing this, and I was honestly impressed that it did.

Navigated a busy grocery store lot, found suitable parking

This is not the busiest my local grocery store gets, but it was still congested enough for me to be impressed.

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FSD decided to do one loop in the parking lot before it found a spot that it felt was good enough for me. I was perfectly fine with where it chose to park, and I thought it did a really great job. I was impressed with how stress-free I felt, as I have noted in the past that parking lots are definitely an area where Tesla needs to improve.

I was happy with its performance:

Strange right turn signal as if it saw an emergency vehicle

This was the first bug I noticed with FSD v14.1. While traveling on a local road, it put the right turn signal on and approached the curb as if it was pulling over for an emergency vehicle or as if it was going to park on the street.

It then realized its mistake and proceeded:

I’m not super sure what caused this, but I was a tad bit confused. There were no police cars, ambulances, or anyone with flashing lights to my rear. There was a dump truck on the other side of the road, and I almost felt like the way it navigated “around” that was probably what triggered it.

Navigation is still making strange decisions

I’ve written about navigation and my discontent with some of its decisions. It seems v14.1 didn’t resolve much of anything with navigation, and it did a couple of things wrong.

The first was that it tried to take the illogical and pointless path out of the Supercharger. I wrote about this a few days ago, as FSD tried to take my car the wrong way.

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It did it again, but I overrode the decision, and it was all okay:

This is a minor issue, but it is still pretty frustrating. Hopefully, the navigation will learn after performing this adjustment after enough times.

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The next navigation issue was more frustrating than the Supercharger one, especially considering it completely ignored the route. The navigation had the vehicle very clearly heading straight, but out of nowhere, the right turn signal went on. I overrode it, but the car still turned right, ignoring the navigation completely:

I ended up taking over here and driving until I could get to a stop sign.

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Final Thoughts

I am really impressed with all of the changes Tesla made with FSD v14.1, and while there were a handful of bugs, things were tremendously better than v13.2.9.

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