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.
Don’t hesitate to contact us for news tips. Just send a message to tips@teslarati.com to give us a heads up.
Elon Musk
Tesla CEO Elon Musk shades Waymo: ‘Never really had a chance’
Tesla CEO Elon Musk shaded Waymo in a post on X on Wednesday, stating the company “never really had a chance” and that it “will be obvious in hindsight.”
Tesla and Waymo are the two primary contributors to the self-driving efforts in the United States, with both operating driverless ride-hailing services in the country. Tesla does have a Safety Monitor present in its vehicles in Austin, Texas, and someone in the driver’s seat in its Bay Area operation.
Musk says the Austin operation will be completely void of any Safety Monitors by the end of the year.
🚨 Tesla vs. Waymo Geofence in Austin https://t.co/A6ffPtp5xv pic.twitter.com/mrnL0YNSn4
— TESLARATI (@Teslarati) December 10, 2025
With the two companies being the main members of the driverless movement in the U.S., there is certainly a rivalry. The two have sparred back and forth with their geofences, or service areas, in both Austin and the Bay Area.
While that is a metric for comparison now, ultimately, it will not matter in the coming years, as the two companies will likely operate in a similar fashion.
Waymo has geared its business toward larger cities, and Tesla has said that its self-driving efforts will expand to every single one of its vehicles in any location globally. This is where the true difference between the two lies, along with the fact that Tesla uses its own vehicles, while Waymo has several models in its lineup from different manufacturers.
The two also have different ideas on how to solve self-driving, as Tesla uses a vision-only approach. Waymo relies on several things, including LiDAR, which Musk once called “a fool’s errand.”
This is where Tesla sets itself apart from the competition, and Musk highlighted the company’s position against Waymo.
Jeff Dean, the Chief Scientist for Google DeepMind, said on X:
“I don’t think Tesla has anywhere near the volume of rider-only autonomous miles that Waymo has (96M for Waymo, as of today). The safety data is quite compelling for Waymo, as well.”
Musk replied:
“Waymo never really had a chance against Tesla. This will be obvious in hindsight.”
Waymo never really had a chance against Tesla. This will be obvious in hindsight.
— Elon Musk (@elonmusk) December 10, 2025
Tesla stands to have a much larger fleet of vehicles in the coming years if it chooses to activate Robotaxi services with all passenger vehicles. A simple Over-the-Air update will activate this capability, while Waymo would likely be confined to the vehicles it commissions as Robotaxis.
News
Tesla supplier Samsung preps for AI5 production with latest move
According to a new report from Sedaily, Samsung is accelerating its preparation for U.S. production of the AI5 chips by hiring veteran engineers for its Customer Engineering team.
Tesla supplier Samsung is preparing to manufacture the AI5 chip, which will launch the company’s self-driving efforts even further, with its latest move.
According to a new report from Sedaily, Samsung is accelerating its preparation for U.S. production of the AI5 chips by hiring veteran engineers for its Customer Engineering team, which will help resolve complex foundry challenges, stabilize production and yields, and ensure manufacturing goes smoothly for the new project.
The hiring push signals that Tesla’s AI5 project is moving forward quickly at Samsung, which was one of two suppliers to win a contract order from the world’s leading EV maker.
🚨🚨 FIRST LOOK at Tesla’s AI5 chip, which will be available in late 2026 or early 2027 pic.twitter.com/aLomUuifhT
— TESLARATI (@Teslarati) November 6, 2025
TSMC is the other. TSMC is using its 3nm process, reportedly, while Samsung will do a 2nm as a litmus test for the process.
The different versions are due to the fact that “they translate designs to physical form differently,” CEO Elon Musk said recently. The goal is for the two to operate identically, obviously, which is a challenge.
Some might remember Apple’s A9 “Chipgate” saga, which found that the chips differed in performance because of different manufacturers.
The AI5 chip is Tesla’s next-generation hardware chip for its self-driving program, but it will also contribute to the Optimus program and other AI-driven features in both vehicles and other projects. Currently, Tesla utilizes AI4, formerly known as HW4 or Hardware 4, in its vehicles.
Tesla teases new AI5 chip that will revolutionize self-driving
AI5 is specialized for use by Tesla as it will work in conjunction with the company’s Neural Networks, focusing on real-time inference to make safe and logical decisions during operation.
Musk said it was an “amazing design” and an “immense jump” from Tesla’s current AI4 chip. It will be roughly 40 times faster, and have 8 times the raw compute, with 9 times the memory capacity. It is also expected to be three times as efficient per watt as AI4.
“We’re going to focus TSMC and Samsung, initially, on AI5. The AI5 chip, design by Tesla, it’s an amazing design. I’ve spent almost every weekend for the last few months with the chip team working on AI5.”
It will be 40x better than the AI4 chip, Musk says.
— TESLARATI (@Teslarati) October 22, 2025
AI5 will make its way into “maybe a small number of units” next year, Musk confirmed. However, it will not make its way to high-volume production until 2027. AI5 is not the last step, either, as Musk has already confirmed AI6 would likely enter production in mid-2028.
News
Tesla discloses interesting collaboration partner for Supercharging
This BOXABL collaboration would be a great way to add a rest stop to a rural Supercharging location, and could lead to more of these chargers across the U.S.
Tesla disclosed an interesting collaboration partner in an SEC filing, which looks like an indication of a potential project at Supercharger sites.
Tesla said on Tuesday in the filing that it was entering an agreement with BOXABL to design and build a Micromenity structure. Simply put, this is a modular building, usually a few hundred square feet in size, and it has been seen at Superchargers in Europe.
In Magnant, France, Tesla opened a small building at a Supercharger that is available to all EV owners. There are snacks and drinks inside, including ice cream, coffee, a gaming console, and restrooms. It gives people an opportunity to get up and out of their cars while charging.
This building was not built by BOXABL, but instead by bk World Lounges. It is likely the final Supercharging stop before people get to Paris, as it is located 250 kilometers, or 155 miles, from the City of Light.
Voir cette publication sur Instagram
Magnant has 56 stalls, so it is a large Supercharging stop compared to most. The building could be a sign of things to come, especially as Tesla has opened up larger Supercharger stations along major roadways.
It is for just a single building, as the Scope of Work within the filing states “a comprehensive package for one Micromenity building.”
NEWS: BOXABL, a company that creates modular, prefabricated buildings, has entered into an agreement with @Tesla.
This is Tesla formally contracting BOXABL to design, engineer, and build a pilot “Micromenity” structure, a compact, modular building unit.
While some info in the… pic.twitter.com/RabJczGpEp
— Sawyer Merritt (@SawyerMerritt) December 9, 2025
Superchargers are commonly located at gas stations, shopping centers, and other major points of interest. However, there are some stops that are isolated from retail or entertainment.
This BOXABL collaboration would be a great way to add a rest stop to a rural Supercharging location, and could lead to more of these chargers across the U.S.
Tesla has done a lot of really great things for Supercharging this year.
Along with widespread expansion, the company launched the “Charging Passport” this week, opened the largest Supercharger in the world in Lost Hills, California, with 168 chargers, opened the Tesla Diner, a drive-in movie restaurant in Los Angeles, and initiated access to the infrastructure to even more automakers.