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.
“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.
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SpaceX calls off Starship 10 flight attempt once again
SpaceX is calling off a potential launch of Starship this evening, marking the second consecutive night the tenth test flight of the massive rocket will be delayed.
SpaceX is calling off a potential launch of Starship this evening, marking the second consecutive night the tenth test flight of the massive rocket will be delayed.
Originally planning to launch on Sunday at 6:30 p.m. local time in Starbase, Texas, SpaceX was forced to delay the tenth launch of Starship due to a hardware issue.
“Ground side liquid oxygen leak needs to be fixed. Aiming for another launch attempt tomorrow,” CEO Elon Musk posted on the social media platform X.
Starship Flight 10 rescheduled as SpaceX targets Monday launch
The launch was then pushed to Monday night, and the launch window was set to start at the same time as Sunday. However, SpaceX would push it back to 6:44 p.m. due to some weather issues.
Eventually, Starship seemed like it was trending toward a launch, but weather continued to persist in the area, with thunder, rain, and lightning all threatening in the area.
At around 7:03 p.m., SpaceX decided to stand down once again, confirming weather was the culprit of yet another delay:
Launch called off for tonight due to anvil clouds over launch site (lightning risk)
— Elon Musk (@elonmusk) August 26, 2025
SpaceX will likely try again on Tuesday night, but the company has not yet confirmed if it will open another launch window.
SpaceX is set to launch its tenth test flight of the Starship program, with a launch window that will open at 6:44 p.m. local time, or 7:44 p.m. on the East Coast.
Starship’s tenth test flight was originally scheduled for launch yesterday with a one-hour window that opened at 7:30 p.m. ET, but it was called off 17 minutes before that window even had a chance to open.
Starship Flight 10 rescheduled as SpaceX targets Monday launch
SpaceX moved the flight to tonight. It was also originally scheduled to have a launch window at the same time as Sunday, but it was pushed back 14 minutes to around 6:30 p.m. ET. There are storms in the area, as well as clouds over Starbase, so there is the off chance for another launch delay.
There are several big objectives for this launch, including the expansion of the operating envelope for the Super Heavy booster. SpaceX says there are “multiple landing burn tests planned.”
The booster will also be performing a few in-flight experiments to help with data collection. Specifically, real-world performance data on future flight profiles and off-nominal scenarios will be on the list of things SpaceX will be looking for.
Starship itself will have a few in-flight objectives that include the deployment of eight Starlink simulators that are similar in size to the next-gen satellites for the internet service. SpaceX was set to test this with Starship’s seventh test flight, which occurred in January 2025. However, the task was abandoned as the vehicle was destroyed before deployment could occur.
Liftoff conditions are currently looking favorable, and SpaceX will be eager to improve upon its Starship launch program as CEO Elon Musk has big plans for it in the coming years.
You can watch the launch below via SpaceX:
Watch Starship’s tenth flight test → https://t.co/UIwbeGoo2B https://t.co/MQg9ZAjCip
— SpaceX (@SpaceX) August 25, 2025
Elon Musk
Tesla looks to expand Robotaxi geofence once again with testing in new area
It looks as if Tesla is preparing for its next expansion of the geofence, potentially moving toward a much larger service area that could eclipse 150 square miles.
Tesla looks to be preparing for the potential expansion of the Robotaxi geofence once again, as the company was spotted testing the suite in an area well outside of the Austin service area.
After it first launched the Robotaxi platform on June 22, Tesla has managed to expand its geofence twice, essentially doubling the travel area both times.
The most recent expansion took the size of the geofence from 42 square miles to about 80 square miles, bringing new neighborhoods and regions of the city into the realm of where the driverless vehicles could take passengers.
However, it looks as if Tesla is preparing for its next expansion of the geofence, potentially moving toward a much larger service area that could eclipse 150 square miles.
Over the weekend, one fan noticed a Robotaxi validation vehicle testing in Bee Cave, Texas, which is roughly 25 minutes from the edge of the current geofence:
Tesla spotted doing Robotaxi validation testing in Bee Cave, Texas, about 15 miles west of Austin (20-25 minute drive from current edge of geofence). pic.twitter.com/JCOcoys8SJ
— Sawyer Merritt (@SawyerMerritt) August 23, 2025
Tesla has been testing vehicles in the western suburbs of Austin for some time, and it seems the company is laying some groundwork to push its geofence expansion into Plaid Mode as competition with Waymo continues to be at the forefront of the conversation.
Waymo has been expanding with Tesla for some time, as the pace of expansion for the two companies has been relatively accelerated for the past couple of months.
Tesla’s expansions of the geofence sent a clear message to competitors and doubters, but it is still aiming to keep things safe and not push the envelope too quickly.
The geofence expansion is impressive, but Tesla is also focusing on expanding its vehicle fleet in both Austin and the Bay Area, where it launched a ride-hailing service in July.
Tesla Bay Area autonomous fleet to grow to over 100 units: Elon Musk
Still, safety is the priority at the current time.
“We are being very cautious. We do not want to take any chances, so we are going to go cautiously. But the service areas and the number of vehicles in operation will increase at a hyper-exponential rate,” CEO Elon Musk said during the Q2 Earnings Call.
SpaceX calls off Starship 10 flight attempt once again
WATCH: SpaceX Starship Flight 10 launch
Tesla looks to expand Robotaxi geofence once again with testing in new area
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