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Tesla Model 3 production lawsuit definitively dumped in appeals court

(Photo: Andres GE)

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A panel of three judges from the 9th Circuit appeals court has definitively tossed a bid from Tesla investors Kurt Friedman and Uppili Srinivasan to revive their second amended proposed class-action lawsuit against the electric car maker. Friedman and Srinivasan filed a securities fraud lawsuit against Tesla over the company’s alleged misstatements in 2017 about the company’s production timeline for the Model 3 sedan. 

According to the plaintiffs, Tesla CEO Elon Musk and former Chief Financial Officer Deepak Ahuja maintained their stance that the company’s Model 3 production facilities were “on track” to meet its self-imposed target of manufacturing 5,000 Model 3 per week by the end of 2017, despite the fact that the company was experiencing “production hell.” Tesla’s failure to reach its 5,000 per week Model 3 production goal resulted in a 6.8% slide in TSLA stock. 

As per U.S. Circuit Judge Daniel P. Collins, however, Tesla’s goal to produce 5,000 Model 3 per week is an unquestionable “forward-looking statement.” The Ninth Circuit explained that Tesla’s statements were neither false nor misleading, and they came with ample cautionary language as well. This meant that the Private Securities Litigation Reform Act’s safe harbor shields the EV maker from liability, as per a report from Law360

“Tesla’s goal to produce 5,000 vehicles per week is unquestionably a ‘forward-looking statement’ because it is a ‘plan’ or ‘objective of management for future operations,’ and this plan or objective ‘relat[es] to the products’ of Tesla. Contrary to what plaintiffs contend, Tesla’s various statements that it was ‘on track’ to achieve this goal and that ‘there are no issues’ that ‘would prevent’ Tesla from achieving the goal are likewise forward-looking statements,” Judge Collins wrote. 

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“We reiterate that it is not enough to plead that a challenged statement rests on subsidiary premises about how various future events will play out over the timeframe defined by the forward-looking statement. This reasoning precludes plaintiffs’ theory that Tesla’s year-end goal rested on scheduling assumptions that Tesla knew it was unlikely to meet. Any such schedule about how future production would play out on the way toward the announced goal is simply a set of the ‘assumptions’ about future events on which that goal is based. Like the goal itself, such projected timelines are forward-looking statements,” the panel explained further. 

The dismissal from the 9th Circuit appeals court comes as the latest blow to the plaintiffs, who also suffered a dismissal from U.S. District Judge Charles Breyer of the Northern District of California in 2019. Judge Breyer’s decision then also cited Tesla’s “repeated warnings about Model 3 production risks,” as well as Elon Musk’s personal references to “production hell,” as indications that Tesla provided ample warning to investors about its manufacturing challenges for the Model 3. The lawsuit’s 2019 shutdown from Judge Breyer was ultimately what prompted the 9th Circuit appeal. 

Read the full report on the 9th Circuit’s decision against the Model 3 production lawsuit here

Don’t hesitate to contact us for news tips. Just send a message to tips@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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Tesla launches solution to end Supercharger fights once and for all

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Credit: Tesla

Tesla is launching its solution to end Supercharger fights once and for all, eliminating any confusion on who is to charge next at a congested location.

Last year, a notable incident at a Tesla Supercharger led to a fight, and it all stemmed from a disagreement over who arrived at the location first.

Congestion at Tesla Superchargers is a pretty infrequent occurrence for most of us, but there are more congested and popular areas where wait times can be extensive. An unfortunate growing pain of EV ownership is the plain fact that chargers are not as available as gas pumps, and there are, at times, lines to charge.

This can cause tensions to flare and people to get entitled when visiting Superchargers. Nobody wants to spend hours at a Supercharger, but now, there will be no more confusion when there is a queue, and that’s thanks to Tesla’s new Virtual Queue for Superchargers.

Tesla is finally starting to build out the Virtual Supercharger Queue, according to Not a Tesla App, but it still relies on drivers to make it work.

When a driver is near a Supercharger that is full, a message will pop up on the Tesla App, using the driver’s location to determine their eligibility to join the virtual queue.

The app states:

“While the app is closed, Tesla uses your location to notify you of accurate wait times at Superchargers when you arrive.”

Another message within the app states:

“There is a waitlist to charge. Are you sure you want to start a charging session now?”

This sounds as if it will require drivers to act appropriately and only plug in when the app prompts them to do so, by letting them know it is their turn.

The app will notify the driver of their position in the queue, as well as how many vehicles are ahead of them.

Tesla launches first ‘true’ East Coast V4 Supercharger: here’s what that means

The company announced a while back that it would be working on a solution for this issue. Personally, I’ve only had to wait at a Supercharger for a charge on one occasion, and there was a line of between 3 and 10 cars during this singular occurrence.

There were no conflicts or arguments about who had arrived first, but there was some discussion between several drivers during my time there about who was to charge first. Throw a non-Tesla EV into the mix, one that can only charge at a pull-in spot, and that causes even more of a complication.

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Tesla offers awesome Free Supercharging incentive on an unexpected vehicle

In the past, Tesla has used Free Supercharging to incentivize the purchase of its expensive vehicles, like the Model S and Model X. However, those vehicles are leaving the company lineup, and Tesla saw a benefit from applying the incentive to another car.

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Credit: Tesla Charging | X

Tesla is offering an awesome new Free Supercharging incentive on a vehicle that is sort of unexpected.

In the past, Tesla has used Free Supercharging to incentivize the purchase of its expensive vehicles, like the Model S and Model X. However, those vehicles are leaving the company lineup, and Tesla saw a benefit from applying the incentive to another car.

Tesla North America has introduced a compelling new incentive aimed at boosting Model 3 sales. Starting with orders placed on or after April 24, buyers of the Model 3 Premium (Long Range) and Performance variants in the United States will receive one full year of complimentary Supercharging.

The offer applies exclusively to new vehicle orders and does not extend to existing owners or other trims like the base Rear-Wheel Drive model.

The announcement underscores Tesla’s continued dominance in EV charging infrastructure.

While the incentive provides 12 months of zero-cost access to the Supercharger network, Tesla also reiterated its pricing structure: all Tesla vehicles receive the lowest Supercharging rates.

Non-Tesla EVs, by contrast, pay approximately 40 percent more per kWh or must purchase a subscription to access the network at standard rates. This tiered approach highlights the strategic value of owning a Tesla, where seamless integration with the world’s largest and most reliable fast-charging network remains a key differentiator.

For prospective buyers, the savings can be substantial. Depending on driving habits, a typical Model 3 owner might log 12,000–15,000 miles annually.

With average Supercharging costs around $0.40–$0.50 per kWh, one year of free sessions could translate to $800–$1,200 in avoided expenses.

That effectively lowers the total cost of ownership and makes long-distance travel more affordable from day one. Early delivery customers have already noted similar past incentives, with one Cybertruck owner reporting over $2,400 saved in just six months under similar offers that Tesla has deployed in the past.

The timing of the offer appears strategic. Tesla faces growing competition from other automakers expanding their own charging networks and offering aggressive EV incentives.

By bundling free Supercharging rather than discounting the vehicle’s MSRP, Tesla preserves perceived value while directly addressing one of the biggest barriers for new EV adopters: charging costs and convenience.

The move also encourages higher-mileage use of the network, generating valuable real-world data for Tesla’s autonomous driving development.

Why Tesla would apply this incentive to the Model 3 is pretty interesting. It usually is a pretty good incentive to move units out the door, so there’s some speculation whether Tesla is planning to launch new upgrades to the mass-market sedan in the coming months, and the company wants to move what will be outdated units from its inventory.

However, there is also just the idea that Tesla could be attempting to stimulate some early quarter demand for the Model 3, especially as the Model Y continues to sell very well. Tesla’s loss of the $7,500 EV tax credit last year had an impact on sales, and Tesla might be testing some formidable options to see if it can add some demand once again.

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Tesla Cybercab gets crazy change as mass production begins

Tesla has officially kicked off mass production of its groundbreaking Cybercab robotaxi at Giga Texas, and the first units rolling off the line feature a striking transformation that’s turning heads across the EV community.

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Credit: TechOperator | X

Tesla Cybercab has evidently received a pretty crazy change from an aesthetic standpoint, as the company has made the decision to offer an additional finish on the vehicle as mass production is starting.

Tesla has officially kicked off mass production of its groundbreaking Cybercab robotaxi at Giga Texas, and the first units rolling off the line feature a striking transformation that’s turning heads across the EV community.

VIN Zero—the very first production Cybercab—showcases a vibrant champagne gold exterior with a high-gloss finish, a dramatic departure from the flat, matte-wrapped prototypes that debuted at the 2024 “We, Robot” event.

This glossy sheen is a pretty big pivot from what was initially shown by Tesla. The company has maintained a pretty flat tone in terms of anything related to custom colors or finishes.

A specialized clear coat or process delivers the deep, reflective gloss without conventional painting. The result is a premium, mirror-like shine, and it looks pretty good, and gives the compact two-seater a more luxurious and futuristic presence than the subdued matte prototypes.

Photos shared by Tesla community members reveal VIN Zero in a showroom-like setting at Giga Texas, highlighting refined panel gaps, large aero wheel covers, and the signature no-steering-wheel, no-pedals interior optimized for full autonomy.

The open frunk in some images offers a glimpse of practical storage, while the overall build quality appears more polished than that of test mules.

This glossy evolution aligns with Tesla’s broader production ramp. After the first unit in February 2026, the company has shifted to volume manufacturing, with dozens of units already spotted in outbound lots. CEO Elon Musk and the team aim for hundreds per week, paving the way for unsupervised FSD robotaxi networks that could slash ride costs to pennies per mile.

The Cybercab holds Tesla’s grand ambitions of operating a full-service ride-hailing service without any drivers in its grasp. Tesla has yet to solve autonomy, but is well on its way, and although its timelines are usually a bit off, improvements often come through the Over-the-Air updates to the Full Self-Driving suite.

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