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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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Elon Musk

Elon Musk demands Delaware Judge recuse herself after ‘support’ post celebrating $2B court loss

A banner on the post read “Katie McCormick supports this,” using LinkedIn’s heart-in-hand “support” icon, an endorsement stronger than a simple “like.” Musk’s lawyers argue the action creates “a perception of bias against Mr. Musk,” warranting immediate recusal to preserve judicial impartiality.

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Ministério Das Comunicações, CC BY 2.0 , via Wikimedia Commons

Tesla CEO Elon Musk’s legal team has filed a motion demanding that Delaware Chancellor Kathaleen McCormick disqualify herself from an ongoing high-stakes Tesla shareholder lawsuit.

The filing, submitted March 25, cites an apparent LinkedIn “support” reaction from McCormick’s account to a post celebrating a $2 billion jury verdict against Musk in a separate California securities-fraud case.

The move escalates long-simmering tensions between Musk, Tesla, and the Delaware judiciary, where McCormick previously presided over the landmark challenge to Musk’s record $56 billion 2018 compensation package.

Delaware Supreme Court reinstates Elon Musk’s 2018 Tesla CEO pay package

The LinkedIn post was written by Harry Plotkin, a Southern California jury consultant who assisted the plaintiffs who sued Musk over 2022 tweets about his Twitter acquisition. Plotkin praised the trial team for “standing up for the little guy against the richest man in the world.”

The New York Post initially reported the story.

A banner on the post read “Katie McCormick supports this,” using LinkedIn’s heart-in-hand “support” icon, an endorsement stronger than a simple “like.” Musk’s lawyers argue the action creates “a perception of bias against Mr. Musk,” warranting immediate recusal to preserve judicial impartiality.

McCormick swiftly denied intentional endorsement. In a letter to attorneys, she stated she was unaware of the interaction until LinkedIn notified her. She wrote:

“I either did not click the ‘support’ icon at all, or I did so accidentally. I do not believe that I did it accidentally.”

The chancellor maintains the reaction was inadvertent, but critics, including Musk allies, call the explanation implausible given the platform’s deliberate interface.

McCormick’s central role in the Tesla pay-package litigation underscores the stakes. In Tornetta v. Musk, in January 2024, she ruled the 2018 performance-based stock-option grant, potentially worth $56 billion at the time and now valued far higher, was invalid.

The package consisted of 12 tranches of options, each vesting only after Tesla achieved ambitious market-cap and operational milestones. McCormick found Musk exercised “transaction-specific control” over Tesla as a controlling stockholder, the board lacked sufficient independence, and proxy disclosures to shareholders were materially deficient.

Applying the entire-fairness standard, she concluded defendants failed to prove the deal was fair in process or price and ordered full rescission, an “unfathomable” remedy she described as necessary to deter fiduciary breaches.

After the ruling, Tesla shareholders ratified the package a second time in June 2024. McCormick rejected that ratification in December 2024, holding that post-trial votes could not cure defects.

Tesla appealed. On December 19 of last year, the Delaware Supreme Court unanimously reversed the rescission remedy while largely leaving McCormick’s liability findings intact. The high court deemed total unwinding inequitable and impractical, restoring the package but awarding the plaintiff only nominal $1 damages plus reduced attorneys’ fees. Musk ultimately received the full award.

The current recusal motion arises in yet another Tesla derivative suit before McCormick. Legal observers say granting it could signal heightened scrutiny of judicial social-media activity; denial might reinforce perceptions of an insular Delaware bench.

Broader fallout includes accelerated corporate migration out of Delaware, Musk himself moved Tesla’s incorporation to Texas after the first ruling, and renewed debate over whether the state’s specialized courts remain the gold standard for corporate governance disputes.

A decision is expected soon; whichever way it lands, the episode highlights the fragile balance between judicial independence and public confidence in high-profile litigation.

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Tesla Cybercab spotted next to Model Y shows size comparison

The Model Y is Tesla’s most-popular vehicle and has been atop the world’s best-selling rankings for the last three years. The Cybercab, while yet to be released, could potentially surpass the Model Y due to its planned accessible price, potential for passive income for owners, and focus on autonomy.

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Credit: Joe Tegtmeyer | X

The Tesla Cybercab and Tesla Model Y are perhaps two of the company’s most-discussed vehicles, and although they are geared toward different things, a recent image of the two shows a side-by-side size comparison and how they stack up dimensionally.

The Model Y is Tesla’s most-popular vehicle and has been atop the world’s best-selling rankings for the last three years. The Cybercab, while yet to be released, could potentially surpass the Model Y due to its planned accessible price, potential for passive income for owners, and focus on autonomy.

Geared as a ride-sharing vehicle, it only has two seats. However, the car will be responsible for hauling two people around to various destinations completely autonomously. How they differ in terms of size is striking.

Tesla Cybercab includes this small but significant feature

In a new aerial image shared by drone operator and Gigafactory Texas observer Joe Tegtmeyer, the two vehicles were seen side by side, offering perhaps the first clear look at how they differ in size.

Dimensionally, the differences are striking. The Model Y stretches roughly 188 inches long, 75.6 inches wide, excluding its mirrors, and stands 64 inches tall on a 113.8-inch wheelbase. The Cybercab measures approximately 175 inches in length, about a foot shorter, and just 63 inches wide.

That narrower stance gives the Cybercab a dramatically more compact silhouette, making it easier to maneuver in tight urban environments and park in standard spaces that would feel cramped for the Model Y. Height is also lower on the Cybercab, contributing to its sleek, coupe-like profile versus the Model Y’s taller crossover shape.

Visually, the contrast is unmistakable. The Model Y presents as a family-friendly SUV with conventional doors, a prominent hood, and a spacious glass roof.

The Cybercab eliminates the steering wheel and pedals entirely, creating a clean, futuristic cabin that feels more lounge than cockpit.

Its doors open in a distinctive, wide-swinging motion, and the body features smoother, more aerodynamic lines optimized for autonomy. Parked beside a Model Y, the Cybercab appears almost toy-like in width and length, yet its low-slung stance and minimalist design emphasize agility over bulk.

Cargo capacity tells another part of the story. The Model Y offers generous real-world utility: 4.1 cubic feet in the front trunk and 30.2 cubic feet behind the rear seats, expanding to 72 cubic feet with the second row folded flat.

It comfortably swallows groceries, luggage, or sports equipment for five passengers. The Cybercab, designed for two riders, trades that volume for targeted efficiency.

It features a rear hatch with enough space for two carry-on suitcases and personal items, plenty for the typical robotaxi trip, while maintaining impressive legroom and headroom for its occupants.

In short, the Model Y prioritizes versatility and family hauling with its larger footprint and abundant storage. The Cybercab sacrifices size for simplicity, cost, and urban nimbleness.

At roughly 12 inches shorter and 12 inches narrower, it embodies Tesla’s vision for scalable, affordable autonomy: smaller on the outside, smarter inside, and ready to redefine how we move through cities.

The Cybercab and Model Y both will contribute to Tesla’s fully autonomous future. However, the size comparison gives a good look into how the vehicles are the same, and how they differ, and what riders should anticipate as the Cybercab enters production in the coming weeks.

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Elon Musk

Elon Musk says Tesla is developing a new vehicle: ‘Way cooler than a minivan’

It sounds as if Tesla could be considering a new vehicle to fit the mold of what a larger family would need, and as fans have been demanding it for several years and the company is phasing out the Model X, its only family-geared vehicle, it sounds as if it could be the perfect time.

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Tesla CEO Elon Musk said the company is developing a new vehicle, and it will be “way cooler than a minivan.”

It sounds as if Tesla could be considering a new vehicle to fit the mold of what a larger family would need, and as fans have been demanding it for several years and the company is phasing out the Model X, its only family-geared vehicle, it sounds as if it could be the perfect time.

There are a handful of things Musk could be talking about, and as many Tesla owners have wanted a vehicle along the lines of a minivan for hauling around their family, speculation has persisted about what the company would do in terms of developing something for that exact use case.

There were several options, and some of them seemed to be already available. Musk posted on X yesterday that the Cybertruck has three sets of isofix attachments and could fit three child seats or three adults, and it seemed to be a way to deflect plans for a new, larger vehicle as a Model Y L appeared to be present at Giga Texas.

There is also the Robovan, the large people mover that Tesla unveiled at the “We, Robot” back in 2024.

However, it seems Tesla could be developing something like a CyberSUV, something that is going to be large enough to haul around a car full of kids, but could be developed with the company’s aesthetic of the company’s most recent releases: this would likely include a light bar and a more sleek, futuristic look.

We’ve mocked up some potential looks for Tesla’s speculative vehicle in the past:

Tesla has teased the potential of a CyberSUV in the past, showing off clay models that it developed back in September in a teaser video called “Sustainable Abundance.”

Tesla appears to be mulling a Cyber SUV design

Fans and owners have been calling for this development for a very long time, and it seems like Tesla might be ready to finally answer the call on a large SUV. With the segment being dominated by combustion engine vehicles, Tesla could truly disrupt the large SUVs that have been mainstays.

The Chevrolet Tahoe and GMC Yukon would feel some additional pressure, and it would be possible for Tesla to infiltrate some of those sales and pull consumers to electric powertrains.

As the Model S and Model X sunset process is truly hitting full swing, it might be time to consider Tesla’s next option in terms of vehicle development.

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