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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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Energy

Zuckerberg’s Meta taps Musk’s Tesla for massive clean energy project

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Credit: Tesla

In a notable intersection of Big Tech powerhouses, Meta, led by Mark Zuckerberg, has partnered with Canadian energy infrastructure giant Enbridge on a significant renewable energy initiative that will rely on battery technology from Elon Musk’s Tesla.

The project, which was announced this week, marks another step in Meta’s aggressive push to power its expanding data center operations with clean energy, dispelling many of the complaints people have about them.

This new development is located near Cheyenne, Wyoming, and will feature a 365-megawatt (MW) solar farm paired with a 200 MW/1,600 megawatt-hour (MWh) battery energy storage system, also known as BESS. Tesla is providing the batteries for the project, valued at roughly $200 million.

The story was originally reported by Utility Dive.

This Wyoming project represents the first phase of Enbridge and Meta’s joint “Cowboy Project.” Once operational, it will deliver power to Meta’s regional data centers through Cheyenne Light, Fuel, and Power under Wyoming’s Large Power Contract Service tariff.

This tariff, originally developed in collaboration with Microsoft and Black Hills Energy, is designed specifically for large loads like data centers. It ensures that the renewable supply serves hyperscale customers without impacting retail electricity rates for other users.

The battery system will operate under a long-term tolling agreement, providing dispatchable capacity that enhances grid reliability. During periods of high demand, the utility can access the backup generation, addressing one of the key challenges of integrating large-scale renewables with the explosive growth of data center electricity demand driven by artificial intelligence.

This latest collaboration builds on prior joint efforts between Enbridge and Meta in Texas, including the 600 MW Clear Fork Solar, 152 MW Easter Wind, and 300 MW Cone Wind projects. Together with the Wyoming initiative, the companies have now partnered on roughly 1.6 gigawatts (GW) of combined solar, wind, and storage capacity.

The deal highlights the intensifying demand for reliable, low-carbon power from technology giants. Meta has committed to supporting its data center growth with renewable energy, joining peers like Microsoft and Google in seeking large-scale solutions. Enbridge’s Allen Capps described the project as “one of the larger utility-scale battery installations supporting U.S. data center operations and growth.”

The involvement of Tesla’s battery technology adds an intriguing layer, linking two of the world’s most prominent tech leaders—Zuckerberg and Musk—in the clean energy transition.

As data centers continue to drive unprecedented electricity load growth across the United States, projects like this one illustrate how hyperscalers are turning to strategic partnerships with traditional energy players and innovative storage solutions to meet both sustainability goals and reliability needs.

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SpaceX reveals reason for Starship v3 stand down, announces next launch date

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Credit: SpaceX

SpaceX has decided to stand down from what was supposed to be the first test launch of Starship’s v3 rocket tonight after a minor issue with a hydraulic pin delayed the flight once more.

The company scrubbed its first test flight of the upgraded Starship v3 on May 21 in the final minutes of the countdown. SpaceX CEO Elon Musk quickly took to social media platform X, explaining that a hydraulic pin on the launch tower’s “chopsticks” arm failed to retract properly.

Musk added that the company would fix the issue this evening. SpaceX will attempt another launch tomorrow night at 5:30 p.m. CT, 6:30 p.m. ET, and 3:30 p.m. PT.

The countdown for Starship Flight 12 — featuring the taller and more capable V3 stack with Booster 19 and Ship 39 — had been progressing smoothly until the late-stage issue surfaced. The Mechazilla tower arm, designed to secure the vehicle on the pad and eventually catch returning boosters, could not complete its retraction sequence.

SpaceX teams immediately began troubleshooting the hydraulic system for an overnight repair.

Starship V3 introduces several significant upgrades over earlier versions. These include greater propellant capacity, more powerful Raptor 3 engines, larger grid fins, enhanced heat shielding, and an improved fuel transfer system.

We covered the changes that were announced just days ago by SpaceX:

SpaceX unveils sweeping Starship V3 upgrades ahead of May 19 launch

The changes are intended to increase payload performance, support higher flight rates, and advance the vehicle toward operational missions, including Starlink deployments, NASA Artemis lunar landings, and future crewed Mars flights. The debut flight from Starbase’s new Launch Pad 2 marked an important milestone in scaling up the fully reusable Starship system.

This stand-down highlights the intricate challenges of preparing the world’s most powerful rocket for flight. Despite extensive pre-launch checks, a single component in the ground support equipment can force a scrub.

The incident aligns with Starship’s proven iterative development approach. Previous test flights have encountered both successes and setbacks, each providing critical data that refines hardware and procedures. Some outlets may call some of these flights “failures,” when in reality, they are all opportunities for SpaceX to learn for the next attempt.

With V3, SpaceX aims to reduce ground-system dependencies and increase launch cadence to meet ambitious long-term goals.

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Tesla Model Y becomes first-ever car to reach legendary milestone

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Credit: Tesla Manufacturing

The Tesla Model Y became the first-ever car to reach a legendary Norwegian milestone, surpassing 100,000 new registrations after gaining a reputation as one of the most popular vehicles in the country and the world.

As of May 20, Norwegian authorities have registered 100,224 units of the electric SUV, according to data from local outlet Opplysningsrådet for veitrafikken (OFV).

By population, roughly one in every 29 passenger cars on Norwegian roads is now a Model Y, underscoring its rapid rise as a national favorite.

Since the first deliveries in August 2021, the Model Y has transformed from a newcomer to a staple in Norwegian traffic.

Tesla back on top as Norway’s EV market surges to 98% share in February

Geir Inge Stokke, the Managing Director of OFV, described the achievement as “remarkable,” noting that few single models have gained such traction so quickly. “Tesla Model Y has hit the Norwegian market spot on, and the numbers illustrate how fast the EV market has developed here,” Stokke said.

The Model Y’s success reflects Norway’s aggressive push toward electrification. Nearly nine out of ten units, 87.6 percent, to be exact, are privately registered, with the remaining 12.4 percent on company plates. Owners span the country, from major cities to smaller municipalities, proving it is no longer just an urban or niche vehicle but a true “people’s car.

Who is Buying Tesla Model Ys in Norway?

Typical Model Y drivers are men in their early 40s. The average registered user age is 44, with 83 percent male and 17 percent female. Stokke noted that household usage often extends beyond the primary registrant, broadening the vehicle’s real-world appeal.

Geographically, adoption concentrates in urban centers with strong charging infrastructure. Oslo leads with 16,861 registrations (16.82 percent of the national total), followed by Bergen (7,450), Bærum (4,313), and Trondheim (4,240).

The top five municipalities—Oslo, Bergen, Bærum, Trondheim, and Asker—account for 35,463 units, or about 35 percent of all Model Ys. Yet the vehicle’s presence outside big cities highlights its broad acceptance.

Growth Trajectory and Popularity

Tesla built a lot of sales momentum in a short amount of time. In 2021, registrations closed out at 8,267, but more than doubled to more than 17,000 units in 2022 and more than 23,000 units in 2023. 2025 was the company’s strongest year yet, as Tesla managed to record 27,621 registrations.

Through 2026, Tesla already has 7,036 registrations.

Tesla’s Global Success with the Model Y

Tesla has tasted so much success with the Model Y; it has been the best-selling car in the world three times, it has dominated EV sales in numerous countries, and contributed to a mass adoption of electric vehicles across the planet.

As Stokke emphasized, the Model Y’s journey from newcomer to icon mirrors Norway’s broader success story. With robust incentives that push sales, excellent infrastructure, and consumer eagerness to transition to sustainable powertrains, the country continues setting global benchmarks in sustainable mobility.

The Tesla Model Y stands as a shining example of how quickly change can happen when conditions align.

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