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Tesla investor’s legal team urges DE court to respect Musk pay ratification vote

Credit: Andrea Conway/X

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Tesla shareholders ratified Elon Musk’s 2018 CEO Performance Award at the 2024 Cyber Roundup, but the fight about the matter in Delaware Court is not over just yet. This was highlighted in a joinder filed by the legal team of a TSLA investor who decided to challenge the astronomical fee request of the lawyers of shareholder Richard Tornetta, who filed a legal complaint about Musk’s 2018 pay package at a time when he held just nine shares of the EV maker. 

Tornetta’s legal team has argued that they deserve to be paid over 29 million shares of TSLA for their services in the case, which translated to over $5 billion at the time or over $200,000 per hour. Tesla shareholder Amy Steffens, a longtime investor of Tesla with over 19,000 shares, secured her own legal team to challenge the fee request of Tornetta’s lawyers. Following the decision of Tesla investors to ratify Musk’s pay package at the 2024 Cyber Roundup, Tornetta’s legal team argued that the ratification of the CEO’s pay package was invalid since investors were still “coerced” and “uninformed.” The lawyers also described the events that transpired leading up to the ratification of Musk’s pay package as a “clown show.” 

Steffens’ legal team has now submitted a joinder for the case, which will hopefully be heard later this week when the court is expected to hold a hearing for the motion to reconsider the Delaware Judge’s preliminary ruling in the case. The joinder, parts of which were shared on X by Tesla investor Alexandra Merz, argued that the ratification of Musk’s pay package by TSLA shareholders showed that Tornetta’s complaint against the CEO Performance Award “provided no tangible economic benefit to Tesla or its stockholders.” Steffens’ legal team also highlighted that contrary to the claims of Tornetta’s lawyers, the shareholder vote on Musk’s pay plan is likely among the most informed stockholder votes in Delaware history. 

“The Ratification Vote was fully informed indeed, it is likely among the most informed votes in Delaware corporate history. The extensive proxy filings included this Court’s rescission opinion, so Tesla’s stockholders were well aware of the issues identified by this Court prior to their ratification vote. The ratification issue was robustly debated online, on television, and in newspapers. Opponents— including Mr. Tornetta’s experts in this litigation made their voices heard.’ When the votes came in, Mr. Tornetta lost decisively: 72% of disinterested voting shares favored ratification,” the lawyers wrote. 

Steffens’ legal team also addressed the “clown show” comment from Tornetta’s attorneys. “Mr. Tornetta’s counsel disparages this exercise of stockholder democracy as a ‘clown show.’ It is anything but. Ms. Steffens and Tesla’s other stockholders had all the relevant facts before them, including this Court’s decision, and determined that the 2018 Grant benefited them more than rescission. When stockholders freely petition their elected board for a vote, and then overwhelmingly affirm a board’s decision by voting to uphold it, further litigation by a derivative plaintiff attacking that democratically determined result is neither necessary nor appropriate,” Steffens’ legal team noted.

The longtime Tesla investors’ legal team urged the court to respect TSLA stockholders’ democracy as well. “Even beyond Due Process concerns, respect for stockholder democracy commends limiting Plaintiff’s continuing role in light of the Ratification Vote. Here, the question goes beyond Mr. Tornetta’s adequacy to the source of his authority. When Mr. Tornetta steps into the shoes of Tesla as a derivative plaintiff, he does so without democratic legitimacy. Tesla’s stockholders can vote out their directors, but they lack any democratic means to revoke Mr. Tornetta’s authority as a plaintiff. 

“Ms. Steffens respectfully suggests that in this specific context-where a supermajority of fully-informed, uncoerced stockholders unambiguously repudiates the relief obtained by a derivative plaintiff-the Court should treat this as a vote of no confidence and withdraw Mr. Tornetta’s authority to act on behalf of the Company. At the very least, where a plaintiff has shown himself willing to pay his counsel hundreds of thousands of dollars per hour to engage in legal work that conflicts directly with the wishes of the vast majority of stockholders, those stockholders should have some means (through the ballot box or the courtroom) to eliminate that plaintiff’s authority to continue to engage in such damaging conduct while purporting to act on their behalf,” the longtime TSLA shareholder’s legal team wrote. 

Tesla CEO Elon Musk seems to have appreciated the efforts of the TSLA stockholder’s legal team. Responding to a post about the matter on social media platform X, Musk responded to the shareholder’s efforts with a couple of “lit” emojis. 

Don’t hesitate to contact us with news tips. Just send a message to simon@teslarati.com to give us a heads up.

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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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Cybertruck

Tesla Cybertruck gets a big price change on two of its three trims

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Credit: Tesla

Tesla Cybertruck trims saw a big price change, at least on two of the three available to consumers, as demand for the all-electric pickup appears to be increasing.

Tesla bumped up its Base All-Wheel-Drive trim level up to $74,990 from $69,990 and the Premium All-Wheel-Drive configuration from $79,990 to $84,990. The Cyberbeast price remains unchanged at $99,990.

Despite questions of demand for the truck, Tesla is bumping its two least expensive trims up $5,000 to signal that there are plenty of buyers. Although SpaceX has been buying Tesla Cybertruck units to utilize as company vehicles, it is no secret that the Cybertruck is among the most sought-after Tesla models out there.

The issue has always been pricing, at least for the most part. When Tesla initially launched the Cybertruck AWD at $59,990 a few months back, the company stated that price would remain intact for just ten days due to the influx of orders it received.

Cybertruck Sales: Is It the Product or Pricing?

Depending on who you ask, you will likely hear one of two explanations for relatively low Cybertruck sales: either the product itself or the pricing.

Yes, this is the best-selling all-electric pickup on the market. However, there are people who simply hate the look of it, which I understand, but do not agree with. Look is totally subjective, and I love the look of the Cybertruck.

Some people will not buy the Cybertruck because of the look, but I am under the impression that sales would be much better if this truck were priced lower; something that might not be possible considering Tesla’s need to make money on its products. When it was unveiled in 2019, its most expensive trim level was $69,990. Now, the cheapest trim level is more expensive than that.

I would be in a Cybertruck if it were more affordable. I LOVE my Model Y, but Cybertruck is the best vehicle Tesla makes, and it’s not particularly close. Even in the base model, the steer-by-wire, the space, storage, and performance make it more desirable than the Model Y to me. I cannot be the only Tesla owner without a Cybertruck who feels this way.

If you’re interested in buying a Tesla vehicle, use my referral link.

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Energy

Tesla Semi factory is getting a celebration nobody expected

Tesla will inaugurate its Nevada Semi factory September 24, five months after production quietly began ramping.

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Tesla says it will officially inaugurate its new Semi factory in Nevada next month. The Tesla Semi account posted the announcement on X, sharing a graphic titled “Semi Rollout” with a date of September 24. No further details were given about the format of the event or who would attend.

While Tesla’s dedicated Semi plant in Sparks, adjacent to Gigafactory Nevada, opened back in April, with the first trucks rolling off the high volume line on April 29, the timing for the factory inauguration comes at a surprise. The ribbon cutting event five months into production is a break from how Tesla has usually handled its other factories, where the first truck or car off the line typically served as the milestone moment.

The 1.7 million square foot factory was built as part of a $3.6 billion expansion Tesla announced in early 2023, and it shares a site with the battery cell lines that feed the Semi’s structural pack, a decision meant to remove the supply bottleneck that delayed the truck for years. The plant is designed for 50,000 trucks a year at full ramp. Semi program director Dan Priestley has said production “is now ramping” rather than claiming it has reached scale.

Nine years passed between the Semi’s 2017 unveiling and this stage of production, with the truck slipping from an original 2019 target through hand built pilot units for PepsiCo and a slow build out of the Nevada plant. An inauguration event now gives Tesla a stage to talk up that ramp and reset expectations for how many trucks it can begin delivering at scale.

The September date also lines up with the Semi’s next milestone. Tesla confirmed the truck is heading to Europe with a full unveiling at the IAA Transportation trade show in Hannover, Germany, running September 15 through 20. Between the Nevada event and the Hannover reveal, Tesla has roughly a week and a half in September to make the case that the Semi is now a truck being built and sold on two continents rather than tested in a handful of fleets.

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Elon Musk

Elon Musk just set a condition that could end Falcon 9 as we know it

Elon Musk says SpaceX will finally retire Falcon 9 once Starship flies reliably every week.

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Elon Musk gave the clearest timeline yet for retiring Falcon 9, SpaceX’s workhorse rocket.

The comment came in a reply on X, where Musk wrote that “once Starship is flying reliably several times per week, it makes sense to shift super scarce SpaceX engineering and production resources to Starship to get launch rate to several times per day, which means winding down Falcon.” He was responding to physicist Casey Handmer, who noted that NASA is reportedly uneasy about SpaceX phasing out Falcon after building what Handmer called the most successful launcher ever, with the fleet nearing 1,000 total launches.


Falcon 9 is still SpaceX’s busiest vehicle by far. The company is on pace for roughly 140 to 145 Falcon flights this year, following 165 in 2025, president Gwynne Shotwell told Time earlier in 2026. She has already said Falcon flights would “tail off” as Starship comes online, while reports indicate that SpaceX has stopped booking new Falcon 9 launches past 2028 and halted production of some expendable Falcon hardware, according to Bloomberg.

It’s worth noting that Musk’s post is a condition, and not a countdown on when Falcon will retire. Starship has not yet flown weekly, let alone daily. Its most recent flight in July ended with a soft splashdown in the Indian Ocean, a milestone Musk pointed to earlier this month when he said the vehicle’s heat shield problem was effectively solved. SpaceX towed that ship to Christmas Island for inspection, and the next flight, Flight 14, is aimed at putting Starship into orbit for the first time. A tower catch attempt for the upper stage has been pushed back to what Musk has called “a few months” away.

SpaceX and a new Trump order that could rewrite the next decade of launches

The gap between Falcon’s role today and Starship’s promised role tomorrow matters most to NASA. Falcon and its Dragon capsule remain the only way the agency rotates astronauts to and from the International Space Station, and Starship is not certified to carry NASA crews. Musk’s post did not address how that handoff would work if Falcon winds down before a crew-rated Starship variant exists. The timing lines up with Musk’s other recent Starship comments. Two days before the Falcon post, he told a different X user that SpaceX is aiming for more than 30 Starship launches a day by 2030, or roughly 10,000 a year, a figure tied to the Trump administration’s new push for higher national launch cadence. Falcon, which took over a decade to reach its first 100 launches, was never built to approach that kind of volume.

For now, Falcon 9 keeps flying at a near-record pace while Starship works to prove it can do the job Musk has already picked out for it.

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