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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. 

“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. 

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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.

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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How Tesla’s Standard models will help deliveries despite price disappointment

“What a giant miss,” one person said.

“With all due respect, no way is this what y’all have been hyping for 6 quarters…” another one claimed.

“So…where are the affordable models?” another reply read.

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Credit: Tesla

When Tesla unveiled its Standard versions of the Model 3 and Model Y this week, reactions were mixed. Many liked the addition of two new models, but they were also concerned about the price.

“What a giant miss,” one person said.

“With all due respect, no way is this what y’all have been hyping for 6 quarters…” another one claimed.

“So…where are the affordable models?” another reply read.

Tesla launches two new affordable models with ‘Standard’ Model 3, Y offerings

There’s no arguing it: $36,990 and $39,990 for the Model 3 Standard and Model Y Standard were not what consumers had in mind.

But, despite Tesla getting its new offerings to a price that is not necessarily as low as many expected, the two cars still have a chance to assist with quarterly deliveries.

Here’s how:

First-time Tesla buyers will lean toward Standard models

Tesla owners have become accustomed to expecting all the bells and whistles in their cars. Heated seats, ventilated seats, acoustic glass, vegan leather, industry-leading performance, world-class range, and a glass roof are all expected by current or past owners.

But what about new owners?

New owners do not have these high expectations, so to many of those who have not sat in a Tesla or driven one before, they are going to be blown away by the minimalistic looks, capabilities, and features of the Standard models.

The Premium models will feel like the high-end offerings that other automakers also have for sale, except they’ll only be a few thousand dollars more than Tesla’s base models. With other companies, the price for these higher-end trims is $10,000 or more.

The more affordable Standard models will be there, but if buyers want the extra features, they’ll likely be able to justify the extra few thousand dollars.

Tesla’s Standard Models fall under the U.S. Average Transaction Price

Kelley Blue Book releases a new report each month showing the average transaction price (ATP) of all vehicles sold in the U.S. for that month.

The latest report, released on September 10 for the month of August, revealed an ATP of $49,077. This was up 0.5% from July ($48,841) and higher year over year by 2.6%.

Technically, Tesla’s new Standard models fall well under that ATP, meaning they technically do qualify as “affordable.” However, realistically speaking, affordable does not mean “under the national average.”

It means accessible for low-income families, single-parent households, and other groups. This would likely be under $30,000.

Déjà Vu with the Cybertruck Rear-Wheel-Drive

When Tesla offered the Cybertruck RWD, it stripped out many of the best features of the Cybertruck, such as the adjustable air suspension, powered tonneau cover, and interior materials, just to name a few.

It was $10,000 less than the Cybertruck AWD, but many people essentially viewed it as a way to push consumers toward the more expensive variants, since the discount was a better value than missing out on features.

Tesla released the Cybertruck RWD to make the AWD look like a deal

Something similar could happen with the Standard models. With it only being a few thousand dollars less than the Premium Model 3 and Model Y, some consumers will see it as a better option to go with the more expensive trim levels.

Even if they don’t, many car buyers will see it as a deal to grab the Standard versions.

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Tesla bull sees a new path to 600,000 deliveries per quarter

“We believe the launch of a lower cost model represents the first step to getting back to a ~500k quarterly delivery run-rate, which will be important to stimulate demand for its fleet with the EV tax credit expiring at the end of September.”

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Credit: Tesla

Tesla (NASDAQ: TSLA) bull Dan Ives of Wedbush Securities published a new note to investors on Thursday evening, which seemed to open up the possibility of the automaker returning to a growth rate in terms of deliveries.

After nearly two years of leveling off with deliveries, which was expected, Tesla is now slated to potentially return to growth, Ives says, as it has introduced new, more affordable models. It launched its Standard offerings for the Model 3 and Model Y this week, a strategy to bring cheaper cars to customers amid the loss of the $7,500 tax credit.

In his note to investors, Ives said:

“We believe the launch of a lower cost model represents the first step to getting back to a ~500k quarterly delivery run-rate, which will be important to stimulate demand for its fleet with the EV tax credit expiring at the end of September.”

Although these cars come in only slightly under $40,000, there is some belief that they will do two things: attract car buyers looking for an under-$40k EV with Tesla’s technology and infrastructure, or push those on the fence to the now-Premium models, which are simply the Long Range Rear-Wheel-Drive and Long Range All-Wheel-Drive.

Ives said in the note that Tesla’s plans for a $25,000 car are “on hold,” but it seems as if that vehicle will be the Cybercab, which the company unveiled a year ago today.

That project seems to be moving forward as well, based on what we saw at both Fremont and Gigafactory Texas yesterday. At Fremont, the Cybercab was spotted on the Test Track, while crash-tested units were spotted at the factory in Austin.

After the Standard models were rolled out and the Cybercab or another $25,000 unit arrives, Ives believes Tesla could actually get closer to 600,000 deliveries per quarter, he said on CNBC this morning:

Moving forward, Tesla has much more going for it than its potential growth in quarterly deliveries. Ives recognizes that a majority of what Tesla’s value will come from in the future: AI and autonomy.

Ives said:

“The AI valuation will start to get unlocked in the Tesla story and we believe the march to an AI driven valuation for TSLA over the next 6-9 months has now begun in our view with FSD and autonomous penetration of Tesla’s installed base and the acceleration of Cybercab in the US representing the golden goose for Musk & Co. We believe Tesla could reach a $2 trillion market cap early 2026 in a bull case scenario and $3 trillion by the end of 2026 as full scale volume production begins of the autonomous and robotics roadmap.”

Ives and Wedbush maintained their $600 price target and ‘Outperform’ rating on Tesla stock.

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The Tesla Model Y Standard is actually a great deal in Europe

A €10,000 delta could very well prove to be a meaningful difference for numerous consumers.

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Credit: Tesla

It’s no secret that the Model Y Standard proved polarizing to numerous Tesla watchers in the United States. At just a few thousand dollars less than the Model Y Premium, the entry-level variant seemed like a subpar deal considering all the features that are missing from the vehicle.

In Europe, however, the story might be different, and the Model Y Standard might actually end up being a pretty good deal for numerous car shoppers. 

Model Y Standard

Perhaps the biggest complaint against the Model Y Standard in the United States was its price. Listed at $39,990, it was only $5,000 less than the Model Y Premium Rear Wheel Drive (RWD), which starts at $44,990 before options. Considering the list of features and functions that are absent in the Model Y Standard, a good number of Tesla community members noted that the vehicle should have been priced lower, perhaps around $34,990, for it to truly be a good deal. 

Otherwise, the entry-level Model Y could end up following in the footsteps of the Cybertruck Rear Wheel Drive, which was priced just below $70,000, but was missing a long list of features that were included on the Cybertruck AWD. The Cybertruck RWD has since been discontinued, likely because of low orders. 

Different story in Europe

While the Model Y Standard may not make much sense in the United States, its pricing actually makes it a very good deal in Europe. A look at the order page for the Model Y in The Netherlands, for example, shows that the Model Y Standard is priced at €39,990 before options, €10,000 less than the Model Y Premium Rear Wheel Drive, which is priced at €50,990 before options. 

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As noted by Tesla watcher @KamermanMenno on social media platform X, a €10,000 delta is a meaningful difference for numerous consumers. Given the significant price difference, the Model Y Standard could become the ideal entry-level vehicle for drivers looking to join the Tesla ecosystem at the lowest possible cost. The fact that the Model Y Standard is a crossover SUV bodes well for the vehicle, given the segment’s popularity as well.

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