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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 loses Director who designed one of the company’s best features

Thomas Dmytryk, who has spent over 11 years with Tesla and helped to develop Over-the-Air updates and the company’s vehicles’ ability to utilize them to improve, has decided to leave.

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Credit: Tesla

Tesla has lost the director who designed one of the company’s best features: Over-the-Air updates.

Thomas Dmytryk, who has spent over 11 years with Tesla and helped to develop Over-the-Air updates and the company’s vehicles’ ability to utilize them to improve, has decided to leave. In a lengthy statement on LinkedIn, Dmytryk said that he’s “closing the book.” He had nothing but good things to say:

“After 11 incredible years at Tesla, I’m closing the book. It’s been the ride of a lifetime: always on the news, innovating relentlessly, constantly pushing the limits. Tesla is THE place for talented, passionate people. I feel insanely lucky to have been part in that culture for so long.”

It appears the intense lifestyle of developing and creating intensively for so long might have caught up to Dmytryk, who did not give his definitive plans for the future, and it appears he may be taking some time off before jumping into a new venture:

“The future? Extremely bright. Ambitions intact, just getting started as a transformative company that could elevate billions of lives. So why leave now?! Human life’s always been my North Star, right now I need to be with mines. I’ve always admired Tesla’s top leadership and vision. But what I’ve always found incredible is the tenacity, brilliance and devotion of people on the front line. YOU make Tesla unstoppable. I wish you all the best and of course EPIC wins.”

The move was first reported by NotaTeslaApp.

Over-the-Air updates are among Tesla’s best features. They are used to improve the Full Self-Driving suite, add features, remedy recalls, and more. Many vehicles have the ability to receive OTA updates, as I did in a Ford Bronco previous to my Model Y. However, Tesla does them better than anyone else: they’re seamless, effective, and frequent. Your car always improves.

The move is a blow to Tesla, of course, considering Dmytryk’s massive contribution to the company and extremely long tenure spent, but not something that is overwhelmingly detrimental. Tesla deals with a lot of extremely intelligent people, some of whom are the best in their field, so they are sure to find a suitable replacement.

However, it’s no secret that the company has been losing some of its top talent, some of whom were in executive roles. Some have left to take on new projects, and others have not revealed their career plans.

It seems at least some of those employees are simply deciding to walk away and try new things after working so hard for so long. According to Dmytryk’s LinkedIn, he also played a large part in Musk’s acquisition of X, as he stated he “worked at Twitter/X ~45/week while working at the same pace for Tesla.”

That averages a 13-hour day, seven days a week, or 18 hours for the normal five-day work week.

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Tesla’s most wanted Model Y heads to new region with no sign of U.S. entry

Unlike the standard Model Y, the “L” stretches the wheelbase by roughly 150 mm and the overall length by about 177 mm to 4,976 mm. The result is a genuine 2-2-2 seating layout that gives six adults proper legroom and cargo space — a true family hauler without the cramped third-row compromises of many three-row SUVs.

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Credit: Tesla China

Tesla’s most wanted Model Y configuration is heading to a new region, and although U.S. fans and owners have requested the vehicle since its release last year, it appears the company has no plans to bring it to the market.

According to fresh regulatory filings, the six-seat Model Y L is coming to South Korea with signs indicating an imminent launch. The extended-wheelbase configuration, already a hit in China, just cleared energy-efficiency certification from the Korea Energy Agency, paving the way for deliveries as early as the first half of 2026.

The vehicle is already built at Tesla’s Giga Shanghai facility in China, making it an ideal candidate for the Asian market, as well as the European one, as the factory has been known as a bit of an export hub in the past.

It seems like Tesla was prepping for this release anyway, as the timing was no accident. A camouflaged Model Y L prototype was spotted testing on Korean highways the same day the certification dropped. Tesla has already secured similar approvals for Australia and New Zealand, with both markets expecting the larger Model Y in 2026.

Unlike the standard Model Y, the “L” stretches the wheelbase by roughly 150 mm and the overall length by about 177 mm to 4,976 mm. The result is a genuine 2-2-2 seating layout that gives six adults proper legroom and cargo space — a true family hauler without the cramped third-row compromises of many three-row SUVs.

South Korean filings list it as an all-wheel-drive imported electric passenger vehicle with a 97.25 kWh total battery capacity supplied by LG Energy Solution. Local tests show an impressive 543 km (337 miles) combined range at room temperature and 454 km (282 miles) in colder conditions, easing one of the biggest concerns for Korean EV buyers.

Tesla Model Y lineup expansion signals an uncomfortable reality for consumers

But for U.S. fans, things are not looking good for a launch in the market.

CEO Elon Musk has been blunt. The six-seater “wouldn’t arrive in the U.S. until late 2026, if ever,” he said, pointing to the company’s heavy bet on unsupervised Full Self-Driving and robotaxi platforms like the Cybercab. With the Model X slated for discontinuation, many families hoped the stretched Model Y would slide into the lineup as an affordable three-row bridge. So far, that hope remains unfulfilled.

For now, South Korean drivers will be among the first buyers outside China to enjoy the spacious, efficient Model Y L. Tesla continues its global rollout strategy, tailoring vehicles to regional tastes while North American customers keep refreshing their apps and crossing their fingers.

The Model Y L proves the appetite for practical, family-sized electric SUVs is stronger than ever. Hopefully, Tesla will listen to its fans and bring the vehicle to the U.S. where it would likely sell well.

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Tesla is ramping up its advertising strategy on social media

Tesla has long stood out in the automotive world for its unconventional approach to advertising—or, more accurately, its near-total avoidance of it. For over a decade, the company spent virtually nothing on traditional marketing.

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tesla cybertruck
Tesla CEO Elon Musk unveils futuristic Cybertruck in Los Angeles, Nov. 21, 2019 (Photo: Teslarati)

Tesla seems to be ramping up its advertising strategy on social media once again. Marketing and advertising have not been a major focus of Tesla’s, something that has brought some criticism to the company from its fans.

However, the company looks to be making adjustments to that narrative, as it has at times in the past, as ads were spotted on several different platforms over the past few days.

On Facebook and YouTube, ads were spotted that were evidently placed by Tesla. On Facebook, Tesla was advertising Full Self-Driving, and on YouTube, an ad for its Energy Division was spotted:

Tesla has long stood out in the automotive world for its unconventional approach to advertising—or, more accurately, its near-total avoidance of it. For over a decade, the company spent virtually nothing on traditional marketing.

In 2022, Tesla’s U.S. ad spend was roughly $152,000, a rounding error compared to General Motors’ $3.6 billion the following year.

Traditional automakers averaged about $495 per vehicle on ads; Tesla spent $0. CEOElon Musk’s stance was explicit: “Tesla does not advertise or pay for endorsements,” he posted on X in 2019. “Instead, we use that money to make the product great.”

The strategy relied on word-of-mouth from delighted owners, Elon’s massive X following, viral product launches, media frenzy, and customer referrals. A great product, Musk argued, sells itself. It does not need Super Bowl spots or billboards. Resources poured into R&D instead, with Tesla investing nearly $3,000 per car, far more than rivals.

Tesla counters jab at lack of advertising with perfect response

This reluctance wasn’t arrogance; it was philosophy, and Musk made it clear that the money was better spent on the product. Heavy spending on ads was seen as wasteful when innovation and authenticity drove organic demand. Shareholder calls for marketing budgets were ignored.

The current shift, paid Facebook ads promoting Full Self-Driving (Supervised) and YouTube Shorts offering up to $1,000 back on Powerwall batteries, marks a pragmatic evolution.

These targeted campaigns coincide with the end of one-time FSD purchases and a March 31 deadline for FSD transfer eligibility on new vehicles.

This move likely signals Tesla adapting to scale, as well as a more concerted effort to stop misinformation regarding its platform. As EV competition intensifies and the company bets big on robotaxis and energy storage, pure organic buzz may not suffice to hit adoption targets. Selective digital ads allow precise, cost-effective reach without abandoning core principles.

If successful, it could foreshadow measured expansion into marketing, boosting high-margin software and home energy revenue while preserving Tesla’s innovative edge. But, it’s nice to see the strategy return, especially as Tesla has been reluctant to change its mind in the past.

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