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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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How much of SpaceX will Elon Musk own after IPO will surprise you

SpaceX’s IPO filing confirms Musk will maintain his voting power to make key decisions for the company.

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Rendering of Elon Musk overlooking a Starship fleet (Credit: Grok)

Elon Musk will retain dominant voting control of SpaceX after it goes public, according to the company’s IPO prospectus that was filed with the SEC. The filing reveals a dual-class equity structure giving Class B shareholders 10 votes each, concentrating power with Musk and a handful of other insiders, while Class A shares sold to public investors carry one vote.

Musk holds approximately 42% of SpaceX’s equity and controls roughly 79% of its votes through super-voting shares. He will simultaneously serve as CEO, CTO, and chairman of the nine-member board after the listing. Beyond that, the filing includes provisions that may limit shareholders’ influence over board elections and legal actions, forcing disputes into arbitration and restricting where they can be brought.

The case for Musk holding this level of control is grounded in SpaceX’s actual history. The company’s most important bets, from reusable rockets to a global satellite internet constellation, were decisions that ran against conventional aerospace thinking and would likely have faced resistance from a board accountable to investor gains. Fully reusable rockets were considered economically irrational by established industry players for years. Starlink, which now generates over $4 billion in annual operating profit, was widely dismissed as financially unviable when it was proposed. The argument for concentrated founder control seems straightforward, and the decisions that built SpaceX into what it is today required someone willing to ignore consensus and absorb years of losses.

SpaceX files confidentially for IPO that will rewrite the record books

For context, Musk’s position is significantly more dominant than Zuckerberg’s at Meta. The comparison with Tesla is also worth noting. When Tesla did its IPO in 2010, it did not issue dual-class shares. Musk has only recently pushed for enhanced voting protection, proposing at least 25% control at Tesla in 2024 after selling shares to fund his Twitter acquisition left him with around 13%.

SpaceX has clearly learned from that experience and structured the IPO differently by planning to allocate up to 30% of shares to retail investors, roughly three times the typical norm for a large offering. The roadshow is expected to begin the week of June 8, with a Nasdaq listing rumored to be a $1.75 trillion valuation and a $75 billion raise.

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Tesla bolsters App with new safety, insurance, and storage features

The Tesla Smartphone App is one of the biggest and best features and advantages owners have. Everything from moving the vehicle with Summon, to getting Navigation sent to the car, to preconditioning the cabin can be done with the Tesla App.

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Credit: Tesla

Tesla is bolstering its smartphone App with a series of new features to streamline operations for owners. The new additions include fixes to safety, its in-house insurance offering, and storage management for Dashcam clips.

The Tesla Smartphone App is one of the biggest and best features and advantages owners have. Everything from moving the vehicle with Summon, to getting Navigation sent to the car, to preconditioning the cabin can be done with the Tesla App.

But in classic Tesla fashion, the company is aiming to improve the offerings of the app, and it is doing so with a handful of new features. They were first discovered by Tesla App Updates.

Tesla Insurance – Safety Score 3.0

This is truly part of the Spring 2026 Update, but Tesla has now given more transparency on how FSD has saved people money on their premiums.

Tesla intertwines FSD with in-house Insurance for attractive incentive

Additionally, Tesla is now automatically awarding a Safety Score of 100 for every mile traveled on Full Self-Driving (Supervised).

Update Tracking

Updates traditionally appear on the App or on the Center Touchscreen in the car. There is nothing better than seeing that Green Arrow at the top of the screen, or opening your app and seeing that there is a Software Update available.

Now, there will be no need to manually check the app and initiate the download. Tesla is enabling a new feature that will automatically download updates for you.

Storage Management

Your USB drive can now be remotely formatted, and old Dashcam clips can be deleted straight from the phone. When you record a lot of things using the Dashcam feature, that storage fills up pretty quickly.

Now, manually deleting the Dashcam videos is easier than ever.

Trailer Light Test

This is perhaps the coolest and most crucial addition to the Tesla App, as those who tow and haul will now be able to trigger a diagnostic light sequence from the app while standing behind your trailer to ensure the brake lights work.

Verifying your trailer lights are connected properly and operating normally and as intended is normally a massive hassle.

Now, a new trigger will be available to initiate a diagnostic light sequence directly from your phone.

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Tesla is building private Superchargers just for Robotaxi

For Tesla, these Robotaxi-only Superchargers represent more than convenient parking spots. They are the first bricks in a vertically integrated autonomy platform—vehicles, energy, and software working in seamless concert. 

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Credit: Tesla

Tesla is starting to build out Robotaxi-only Superchargers as the company is truly leaning on its Full Self-Driving and autonomy efforts to solve passenger travel.

Last week, the company filed pre-permits in Arizona’s East Valley for two dedicated, non-public charging sites stocked with next-generation V4 Superchargers. The filings mark the first visible evidence of purpose-built infrastructure exclusively for autonomous Tesla vehicles, as they state they are not for public use.

In Chandler, Tesla plans to install 56 V4 stalls on an industrial parcel along South Roosevelt Avenue. Site documents describe a high-capacity setup supported by new SRP transformers, switching cabinets, and upgrades to existing underground lines.

A second site in Mesa, located at 5349 E Main Street in another industrial zone, carries the same private-use designation. Both locations sit well away from public roads and customer traffic, ensuring the chargers serve only Tesla’s internal fleet.

The sites were spotted by Supercharger observer MarcoRP.

Phoenix’s East Valley offers an ideal launchpad for Robotaxi Supercharging: the location has a clean, grid-like street layout and year-round mild weather that minimizes camera degradation. Additionally, Arizona has welcomed self-driving pilots since Waymo’s early days.

By securing private depots now, Tesla can optimize charging cycles, reduce downtime, and maintain full control over vehicle hygiene and security, critical factors for high-utilization Robotaxi operations.

The type of Supercharger is telling as well, as they are V4, Tesla’s fastest and most efficient buildout.

V4 stalls deliver faster power and support bidirectional charging, features that will let idle Robotaxis feed energy back to the grid during off-peak hours. Because the sites are closed to the public, Tesla avoids congestion, vandalism risks, and the scheduling conflicts that plague shared stations.

The timing is telling. With unsupervised Full Self-Driving hardware already rolling out across the lineup and Cybercab production targets looming, Tesla is shifting from vehicle development to ecosystem readiness.

Charging infrastructure has historically been the gating factor for ride-hailing scale; building it ahead of the vehicles signals confidence that regulatory and technical hurdles are nearing resolution.

Tesla has been spotted testing Cybercab units in Arizona over the past few months, as well.

Interestingly, the permits show V4 Superchargers in the plans, although Cybercab will likely utilize wireless charging:

Tesla Cybercab spotted with interesting charging solution, stimulating discussion

For Tesla, these Robotaxi-only Superchargers represent more than convenient parking spots. They are the first bricks in a vertically integrated autonomy platform—vehicles, energy, and software working in seamless concert.

It appears Tesla is preparing to begin building out Robotaxi-only Superchargers to avoid the congestion and keep its autonomous fleet charged up to get ride-hailers to their destinations.

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