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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Elon Musk
Elon Musk debunks pay package and lip reader claims in double takedown
Musk’s quick debunks highlighted once more that X is an ideal platform for directly countering misinformation.
Elon Musk recently took to X to debunk some misinformation about his 2025 CEO performance award, as well as some comments he made during Donald Trump’s banquet in honor of Saudi Prince Mohammed bin Salman.
Musk’s quick debunks highlighted once more that X is an ideal platform for directly countering misinformation.
Musk’s pay package
Elon Musk’s 2025 CEO performance award was created as a path for him to gain a 25% stake in Tesla. It would also make him a trillionaire, provided that he manages to meet all of the performance award’s aggressive targets. This has not stopped critics from running with the apparent narrative that Musk will be getting the $1 trillion with utmost certainty, however.
This included the More Perfect Union account on X, which noted that “Elon Musk is set to make more than every U.S. elementary school teacher combined, according to the Washington Post.”
Musk responded to the pro-union amount’s post, highlighting that he has not earned any of his $2025 performance award so far. Musk also noted that those who believe he will be getting $1 trillion should invest in TSLA stock, as his compensation is tied to the company’s performance and growth. Investors who hold their TSLA until Musk achieves his full pay package would likely get notable returns.
Lip reader fail
Musk also debunked claims from the Daily Mail, which claimed that he made an “explosive” remark at Trump’s banquet for Saudi Prince Mohammed bin Salman. Citing observations from lip reader Nicola Hickling, the Mail claimed that Musk asked Pfizer CEO Albert Bourla, “What is your opinion, is he a terrorist?” The publication also posted a video of Musk allegedly making the risqué comment on X.
Musk proceeded to correct the publication, stating that the lip reader’s observations were fake. Instead of asking the Pfizer CEO if the Saudi Prince was a terrorist, Musk noted that he was asking the executive about cancer medicine. “False, I was asking about upcoming cancer drugs,” Musk wrote in a response on X.
Musk’s comments resulted in numerous critical responses to the Mail’s video, with some X users joking that the lip reader who analyzed the clip should probably get a visual acuity test, or a better training course on lip reading at least.
News
Tesla Diner to transition to full-service restaurant as Chef heads for new venture
“I am leaving the Tesla Diner project to focus on the opening of Mish, my long-desired Jewish deli. Projects like Mish and the Tesla Diner require a sharpness of focus and attention, and my focus and attention is now squarely on Mish.”
Tesla Diner, the all-in-one Supercharging and dining experience located in Los Angeles, will transition to a full-service restaurant in January, staff said, as Chef Eric Greenspan said he would take on a new project.
A report from the Los Angeles Times says Greenspan confirmed through a text that he would leave the Diner and focus on the opening of his new Jewish deli, Mish.
Greenspan confirmed to the paper:
“I am leaving the Tesla Diner project to focus on the opening of Mish, my long-desired Jewish deli. Projects like Mish and the Tesla Diner require a sharpness of focus and attention, and my focus and attention is now squarely on Mish.”
Greenspan took on the job at the Tesla Diner and curated the menu back in March, focusing on locally-sourced ingredients and items that would play on various company products, like Cybertruck-shaped boxes that hold burgers.
Tesla Cybertruck leftovers are the main course at the Supercharger Diner
The Tesla Diner has operated as somewhat of a self-serve establishment, where Tesla owners can order directly from their vehicles through the center touchscreen. It was not exclusive to Tesla owners. Guests could also enter and order at a counter, and pick up their food, before sitting at a booth or table.
However, the report indicates Tesla is planning to push it toward a sit-down restaurant, full of waiters, waitresses, and servers, all of which will come to a table after you are seated, take your order, and serve your food.
It will be more of a full-featured restaurant experience moving forward, which is an interesting move from the company, but it also sounds as if it could be testing for an expansion.
We know that Tesla is already considering expanding locations, as it will be heading to new areas of the country. CEO Elon Musk has said that Tesla will be considering locations in Palo Alto near the company’s Engineering HQ, and in Austin, where its HQ and Gigafactory Texas are located.
Musk said that the Diner has been very successful in its first few months of operation.
News
Tesla adds new surprising fee to Robotaxi program
“Additional cleaning was required for the vehicle after your trip. A fee has been added to your final cost to cover this service. Please contact us if you have any questions.”
Tesla has added a new and somewhat surprising fee to the Robotaxi program. It’s only surprising because it was never there before.
Tesla shocked everyone when it launched its Robotaxi platform and offered riders the opportunity to tip, only to tell them they do not accept tips. It was one of the company’s attempts at being humorous as it rolled out its driverless platform to people in Austin.
As it has expanded to new cities and been opened to more people, as it was yesterday to iOS users, Tesla has had to tweak some of the minor details of the Robotaxi and ride-hailing platforms it operates.
First Look at Tesla’s Robotaxi App: features, design, and more
With more riders, more vehicles, and more operational jurisdictions, the company has to adjust as things become busier.
Now, it is adjusting the platform by adding “Cleaning Fees” to the Robotaxi platform, but it seems it is only charged if the vehicle requires some additional attention after your ride.
The app will communicate with the rider with the following message (via Not a Tesla App):
“Additional cleaning was required for the vehicle after your trip. A fee has been added to your final cost to cover this service. Please contact us if you have any questions.”
The cost of the cleaning will likely depend on how severe the mess is. If you spill a soda, it will likely cost less than if you lose your lunch in the back of the car because you had a few too many drinks.
This is an expected change, and it seems to be one that is needed, especially considering Tesla is operating a small-scale ride-hailing service at the current time. As it expands to more states and cities and eventually is available everywhere, there will be more situations that will arise.
The messes in vehicles are not a new situation, especially in a rideshare setting. It will be interesting to see if Tesla will enable other fees, like ones for riders who request a ride and do not show up for it.
Elon Musk debunks pay package and lip reader claims in double takedown
Tesla Diner to transition to full-service restaurant as Chef heads for new venture
