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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. 

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. 

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Read the full report on the 9th Circuit’s decision against the Model 3 production lawsuit here

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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 Optimus Gen 3 shows off a cleaner, factory-ready design in new app discovery

Renders hidden inside Tesla’s Android app show Optimus Gen 3’s design before any official reveal.

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Tesla Optimus Gen 3 [Credit: Tesla]

Tesla may have accidentally given a first look at its newest Optimus Gen 3 humanoid robot when photos were found in the Tesla smartphone app.

Design files tucked inside a recent Android version of the Tesla app appear to show the third generation humanoid robot next to the older Gen 2.5 prototype. The assets were extracted from the app package by Tesla community member @wholemars, who posted the renders on X late Tuesday night before deleting them. The Tesla Newswire reshared the side by side comparison on Wednesday, and the images have circulated widely since.

Tesla Optimus Gen 2.5 vs Gen 3 comparison via @WholeMars on X

Tesla Optimus Gen 2.5 vs Gen 3 comparison via @WholeMars on X

The files are labeled “gen3” and were built as models for Tesla app’s own interface, as validated directly by Grok to be official.

The comparison shows a robot that looks built for a factory line rather than a lab bench. Gen 2.5’s exposed mechanical linkages and gold plating on the knees and shins are gone. In their place, Gen 3 uses matte black fairings on the lower legs, paired with a more contoured champagne gold body. Flexible covers now seal the joint where the torso meets the upper thighs, keeping bearings and moving parts sealed from debris and unnecessary contact.

The body panels fit more tightly, and the hands, which Tesla has said carry 22 degrees of freedom, look far more refined than those on earlier units.

This most recent leak fills a gap Tesla has left open for most of the year. Elon Musk said on March 31 that Optimus 3 was walking around but needed “some finishing touches” before it could be shown, a delay Teslarati covered when Tesla missed its first quarter reveal target. Musk later said Tesla would hold the design back until closer to production, partly to keep competitors from copying it. No reveal date has been announced.

The app itself has been preparing for Optimus for months. In July, code in the Tesla app pointed to a dedicated robot phone key, a consent screen for collecting video and spatial data while Optimus works inside a home, and an alert system for low battery and mechanical faults. Finished 3D models of Gen 3 suggest the interface owners will eventually use is moving past placeholder code toward something Tesla intends to ship.

Manufacturing is moving in parallel. Tesla tore out the original Model S and Model X lines at Fremont this summer to make room for Optimus production, with a planned capacity of one million robots a year. At Giga Texas, the steel frame of a dedicated Optimus factory is nearing completion ahead of a targeted 2027 start, with Musk pointing to an eventual output of 10 million units annually.

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Tesla Semi lands the biggest electric truck deal in U.S. history

Tesla leads a record 2,500 truck order, but not every truck will be a Semi.

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Tesla has landed the largest electric truck order in U.S. history. ZET SCALE, a new alliance of shippers and carriers, named Tesla its primary manufacturer on Tuesday for an initial order of 2,500 electric Class 8 trucks. The deal alone would nearly double the number of electric heavy trucks operating in the country.

According to the press release from Catalyst Mobility, the nonprofit formerly known as CALSTART, Kenworth, RIDE and Volvo were also selected as secondary manufacturers that carriers can pick if their operations call for it. No split between the four brands has been published, so the exact number of Semis in the order is not yet known.

Tesla won the top slot through a competitive request for proposals. The alliance, which Catalyst Mobility runs with the Smart Freight Centre, scored bidders on price, range, charging capability and production capacity. Pooling freight demand from founding shippers, including Microsoft and PepsiCo, let every truck maker bid lower than it would for a single fleet. “The Tesla Semi is designed for lower cost per mile operations than diesel,” said Dan Priestley, director of the Tesla Semi program, as noted in the press release.

The financing is built to pull in carriers who have avoided electric trucks. ZET Financial is issuing the purchase order for all 2,500 units and will place them with fleets through a fair market value lease. The trucks will be deployed over the next few years across 10 freight hubs in Los Angeles, Stockton, Bakersfield, Seattle and Tacoma, Houston, Dallas, San Antonio, Chicago, Atlanta, and the Newark and New York area. ZET SCALE says the first order is only the opening round, with a longer term goal of 10,000 trucks or more.

Even if Tesla ends up with only a majority share, it would still be the biggest Semi deal to date. Einride’s 500 unit order in August was the previous record, and WattEV’s 370 truck order in May was the largest California deal at the time. Einride’s CEO has since said he expects all 500 trucks delivered by the end of 2027.

The announcement lands two days before Tesla formally inaugurates its Semi factory in Nevada on September 24. The 1.7 million square foot plant sits next to Gigafactory Nevada’s 4680 cell lines and is designed for 50,000 trucks a year.

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Tesla integrates Grok Bot into its vehicles for the ultimate personal assistant

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Credit: Grok

Tesla has expanded Grok from an in-car chatbot into a hands-free work assistant. On September 22, Tesla officially launched Grok Bot capability, confirming that drivers can now manage email, calendars, files, chats, and tasks by voice and then hand more ambitious errands to the AI-fueled productivity cheat code.

Grok itself is built by xAI. The new car features split into two layers: Connectors link Grok to outside accounts. Grok Bot, currently limited to SuperGrok Heavy subscribers, can complete multi-step tasks such as placing a usual coffee order, booking a reservation, or scheduling an appointment. It truly puts the driver in a nearly complete hands-free driving and productivity setting, with ironically the only task truly requiring your hands being to touch the “Start Self-Driving” button.

We were granted access to Grok Bot’s Tesla integration a few weeks back, and we’ve been able to do a handful of things with it. On a handful of occasions, we’ve used it to order food and have it ready for pickup slightly later into the evening; we’ve managed to pick up groceries after a day of errands with Grok Bot, and outside of the car, it’s helped with budgeting and even my fantasy football draft.

Tesla shows another way to utilize it: in their demo, a driver says “Hey Grok,” asks the assistant to check an inbox, and hears that a message concerns a weekend reservation. Grok then scans the calendar, reports no conflicts, and confirms the Tahoe trip is clear. It can also add check-in details to a road-trip itinerary. The point is not novelty chat. It is keeping eyes on the road, or on Full Self-Driving, while the car handles the paperwork of a trip:

This Grok rollout is not a gadget add-on as much as it is Tesla’s thesis in software form: the car should stop being a machine you operate and start being a room you occupy.

Connectors and Grok Bot treat the cabin as an office that happens to move, and that has truly been Tesla’s intention for years now. The car has slowly become an extension of a home more than a vehicle. Inbox, calendar, groceries, takeout, and reservations become voice work, not dashboard chores that you need to do before you get in your car.

Responsibility shifts from the driver to the stack, and as many Tesla owners rely on FSD for travel, Grok Bot now handles the monotony of dinner reservations or appointments.

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