Connect with us

News

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

Published

on

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.

Advertisement

“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.

Advertisement

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.

Advertisement
Comments

Elon Musk

Elon Musk teases huge merger: ‘Trending towards convergence’

“My companies are, surprisingly in some ways, trending towards convergence.”

Published

on

Elon Musk recently amplified the thoughts of Morgan Stanley analyst Adam Jonas, who had insight into the “Muskonomy” of his potentially interconnected ventures, something that was proposed at the recent Tesla Shareholder Meeting with xAI.

Musk’s words indicate a potential strategic fusion that could serve as a blueprint for future innovation–but it is dependent on a conglomeration between the many entities the CEO serves.

As Tesla grapples with scaling Optimus and preparing for its imminent production and the development of the Full Self-Driving suite, xAI’s computational edge could provide leverage for the millions of miles of data the company accumulates, providing a more stable and accurate development strategy for the autonomous and AI efforts it has put its chips all in on.

After Tesla Shareholders voted to deny Tesla and xAI’s potential financial partnership through an investment, Jonas said it was an issue that would have to be revisited due to its importance.

xAI has the opportunity to provide an incredible strategic and financial bolstering to Tesla, especially with how important a role data plays in the development of the company’s biggest products.

Advertisement

Jonas wrote in a note to investors:

“They’re gonna have to revisit this. We don’t think investors understand just how important xAI is to Tesla and the broader Muskonomy. Tesla’s relationship with xAI (financially and strategically) is deterministic to the long-term success of Tesla due in part to the natural synergies of data, software, hardware, and manufacturing in recursive loops. The values (and value systems) of both Tesla and xAI are endowed by the values of their shared creator. We believe this co-determination becomes more obvious in the next phases of physical AI/ autonomy for Tesla in the year ahead.”

Musk said, in response to Jonas’ note, that his companies are “surprisingly in some ways, trending toward convergence.”

Advertisement

Mergers and shared ecosystems between companies are not new moves out of Musk’s playbook, as it has been done in the past, especially with Tesla acquiring other entities.

It did it with SolarCity in 2016 and with Maxwell Technologies in 2019. Investments between Musk companies have occurred before, too, as SpaceX dumped $2 billion into xAI last July.

He’s also said on several occasions that he could eventually bring everything together into some sort of single entity. In July 2024, he said:

“I’m not opposed to the idea in principle, but I’m not sure there is a pragmatic or legal way to merge them. There is also value in equity incentives of people at the companies being tied to that company’s accomplishments.”

This point is especially relevant now with Musk’s recently approved compensation package.

Advertisement

He also said in June, during an interview with CNBC , that “It’s not out of the question” for xAI to merge with Tesla, but it would have to be approved by shareholders. Just a few days later, he said he would not support xAI merging with Tesla; however, he put it in investors’ hands.

It’s more than just a deal; it’s symbiotic. Musk being at the helm of various companies, all intertwined with one another, helps foster recursive innovation. Despite these advantages, there are still a handful of things to consider, especially from a regulatory perspective.

However, it is not competition; it’s convergence. In Musk’s universe, especially from a business sense, mergers are not endpoints, but instead launchpads for ambitions that aim to take each company from Earth to lands beyond our atmosphere.

Continue Reading

Elon Musk

Tesla makes Elon Musk’s new compensation package official

This is an important thing to note, as much of the media coverage regarding Musk’s pay package seems to indicate that the company and the shareholders are simply giving the CEO the money. He has to come through on each of these tranches to unlock the $1 trillion.

Published

on

Credit: @JoeTegtmeyer/X

Tesla has made CEO Elon Musk’s new compensation package official, as it filed a Form 4 with the Securities and Exchange Commission (SEC) on Monday.

The package officially gives Musk the opportunity to acquire over 423 million shares of Tesla stock (NASDAQ: TSLA), dependent on his ability to achieve twelve performance-based tranches that will bring growth to the company and its shareholders.

Tesla (TSLA) shareholders officially approve Elon Musk’s 2025 performance award

Musk’s new compensation package was approved by investors last Thursday at the company’s Annual Shareholder Meeting, as over 75 percent of voters supported the CEO’s new plan, which could be valued at over $1 trillion if he is able to come through on all twelve tranches.

The twelve tranches include growth goals related to vehicle deliveries, the Optimus humanoid robot project, and Tesla’s valuation. If Musk is able to achieve each tranche, he would help Tesla achieve an over $8 trillion market cap.

Advertisement

The 12 tranches include:

  1. $2 trillion market cap + Deliver 20 million Tesla vehicles cumulatively
  2. $2.5 trillion market cap + Reach 10 million active Full Self-Driving (FSD) subscriptions
  3. $3 trillion market cap + Deliver 1 million Optimus humanoid robots
  4. $3.5 trillion market cap + Operate 1 million Robotaxis commercially
  5. $4 trillion market cap + Hit $50 billion in adjusted EBITDA (earnings before interest, taxes, etc.)
  6. $4.5 trillion market cap + Hit $80 billion in adjusted EBITDA
  7. $5 trillion market cap + Hit $130 billion in adjusted EBITDA
  8. $5.5 trillion market cap + Hit $210 billion in adjusted EBITDA
  9. $6 trillion market cap + Hit $300 billion in adjusted EBITDA
  10. $6.5 trillion market cap + Hit $400 billion in adjusted EBITDA
  11. $7.5 trillion market cap + Hit $400 billion in adjusted EBITDA for four straight quarters in a row
  12. $8.5 trillion market cap + Hit $400 billion in adjusted EBITDA for four straight quarters in a row

Achieving the twelve levels of the new compensation package would also give Musk what he’s really after: a larger ownership share in Tesla, which would help him achieve more control, something he feels is necessary for the rollout of the Optimus robot “army.”

Musk does not earn a dime if he does not achieve any of the tranches above.

This is an important thing to note, as much of the media coverage regarding Musk’s pay package seems to indicate that the company and the shareholders are simply giving the CEO the money. He has to come through on each of these tranches to unlock the $1 trillion.

Continue Reading

News

Tesla provides vehicles for German firefighters’ EV training program

The sessions were aimed at improving emergency services for accidents involving electric vehicles.

Published

on

Credit: Tesla Manufacturing/X

Firefighters from across Germany recently gathered at Tesla Gigafactory Berlin-Brandenburg to practice emergency procedures on electric vehicles. The first training session last weekend focused on dismantling Tesla vehicles using spreaders, shears, and saws, giving responders hands-on experience with modern EV construction and safety features. 

The sessions were aimed at improving emergency services for accidents involving electric vehicles, which, while less likely to catch fire than conventional cars, require special handling.

Challenges for first responders

During the exercises, firefighters discovered that Tesla vehicles’ sturdy, unified body panels, which are among the reasons why they are among the safest cars on the road, made cutting doors and roofs more difficult than in older vehicles, as noted in an rbb24 report.

“It was a real eye-opener,” firefighter Martin Haschick said, adding that his first attempt showed him “how not to do it, because we are also trained on older vehicles, and that took longer than I expected.” Tesla trainers demonstrated proper techniques to safely dismantle vehicles, emphasizing differences between older combustion-engine cars and today’s EVs.

Patrick Fath, head of the Tesla plant fire brigade, explained that hands-on experience with current EVs is critical, as scrap cars typically used in training do not reflect modern material strengths or technological design.

Advertisement

“They naturally have a completely different level of technology and different material strengths. But what can happen to us in everyday life – on the highway, on the roads, involves modern vehicles,” Fath stated.

Future training programs

Tesla plans to continue offering training for regional fire departments and state fire service schools, with the Brandenburg Ministry of the Interior observing the initial sessions to provide feedback. Exercises currently avoid live fires or fluid leaks due to the factory’s location in a drinking water protection zone. Tesla covers the costs of these programs, aiming to enhance first responders’ knowledge of modern EV safety and accident procedures.

In a comment, Fath highlighted that electric vehicle fires should not be too much of a problem, considering that the vehicles don’t catch fire as often as their combustion-powered counterparts. “Studies and experience from recent years have already shown that electric vehicles catch fire far less often than conventional vehicles. We have far fewer flammable materials, no gasoline or diesel tank, and therefore fewer ignition sources,” Fath stated.

Authorities have announced similar conclusions. The German Insurance Association (GDV) has confirmed that EVs catch fire significantly less often than combustion-powered cars, with statistics showing that around 14,200 vehicles caught fire in Germany in 2023. At the time, no higher fire risk was found in EVs. Data from the US National Transportation Safety Board (NTSB) from 2024 also showed that about 25 out of 100,000 EVs catch fire, which is notably fewer than the 1,530 out of 100,000 combustion-powered vehicles that catch fire.

Advertisement
Continue Reading

Trending