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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. 

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.

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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Cybertruck

Tesla Cybertruck AWD is a steal at $60k, is it still at $75k? Full Review

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Tesla Cybertruck’s three configurations are all the same on the outside from an appearance perspective, but they differ slightly in price, range, performance, and other features. After yesterday’s price adjustment, Tesla’s Base All-Wheel-Drive Cybertruck is now priced at $74,990, a far cry from the $59,990 it started at several months ago.

At $60,000, the Cybertruck All-Wheel-Drive is a steal: no pickup, electric or gas-powered, comes close in terms of overall driving capability thanks to Steer-by-Wire; no truck is more fun to drive at that price, and add in Full Self-Driving for $99 per month, and you truly have the best possible pickup on the market, at least if you’re planning to use it for driving.

I unfortunately didn’t have the equipment to test towing and payload and how it impacts the truck.

But at $75,000, is it still worth it? Obviously, the question gets to be more difficult because of the $15,000 difference. But there’s still an argument.

I spent the last week with this awesome truck, and when I took it back, I was sad because it truly is the best Tesla in the lineup. I formerly said the Model S was my favorite Tesla, but after a week with Cybertruck, I can easily say it would be my choice over the now-defunct all-electric sedan.

What makes it so great? Well, a lot of things, and there are some things that I’d like to see change. However, this is a truck that truly has a serious argument for those who are thinking of trying something completely different.

Exterior and Interior

This build comes with 18″ Molten Wheels as the standard offering, but 20″ Core Wheels with 35″ tires are also available. The standard wheel option on this affordable model is not my favorite, but it can be easily swapped for something more attractive.

Overall, this particular build did have some panel gap issues that were especially noticeable between the hood and both front quarter panels. This is obviously not an “across the board” issue, as the Cyberbeast I took home for comparative reasons was significantly better overall.

The interior is different, with its textile material instead of the vegan leather. Personally, I missed the leather due to the ventilated seats, but I prefer the textile as I personally felt like they were more comfortable. This is something I’d definitely consider if I were between the three trim levels and money was not really an issue.

After 610 miles on Monday in this thing, I did not feel any different than I did when I left my house that morning. It feels like a living room on wheels; after a long drive, you truly do not feel as if you’ve been in a car all day long.

My biggest interior complaints were that I’d like at least two USB-C ports in the front; you are confined to just one, and it’s hidden in the center console. The rear row has two ports. Additionally, the windshield is super difficult to clean, so if you end up buying one of these, save your back and get something that extends.

Driving Performance and Comfort

One of the most surprising things about Cybertruck is the fact that it is perhaps the smoothest ride of any Tesla available. Most believe it might be rough, stiff, and rugged like most trucks, maybe not as forgiving on the back and bottom as you sit in it for an extended period of time.

I’m here to tell you, you won’t regret sitting in a Cybertruck for a long drive.

I put as many people who dislike EVs, don’t like Cybertrucks, or use trucks for work, and judge the Cybertruck in this thing in the past week.  Every single person who got in this truck loved it: they loved the speed, the handling, FSD, the space, the capability, and the feel.

As previously noted, even after hundreds of miles and 14 hours spent driving around Pennsylvania, I didn’t feel tired, exhausted, or in any hurry to come home. I would have driven another 300 miles without question.

Final Thoughts

If I had my choice of the three Cybertruck trims, I think I’d take the All-Wheel-Drive for a few reasons. Initially, the price is more attractive, it is not that stripped of features, and it has everything I need.

Is it worth it at $75,000? I believe it is. I’ve driven trucks that are at a higher price point and consider this to be a better product from a driving and experience perspective. However, other pickups on the market have more towing capacity, payload capacity, and range. They do not have FSD or steer-by-wire, the two things that truly make the Cybertruck in a league of its own.

I can’t think of a time in recent memory that I’ve been this excited to drive a vehicle each day, and I literally look for excuses to drive my Model Y on a daily basis. This Cybertruck just blows the Model Y out of the water in every possible way, at least in my opinion. With the size, performance, and driving experience, there is no better Tesla out there.

You can check out the full video review below. If you have any questions about the Cybertruck AWD, be sure to reach out and let me know:

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Elon Musk

County vote hands Elon Musk’s Vegas tunnel network a huge new target

Clark County approved 19 more Vegas Loop stations, pushing Boring Company’s entitled total to 123.

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The Boring Company just got permission to nearly double how far Vegas Loop can reach. Clark County commissioners approved 19 additional stations for the underground transit system, bringing the total entitled to 123, the company said in a post on X thanking the county for the vote. Elon Musk’s tunneling company also flagged the direction it sees the project heading long term. “Because Loop is point-to-point with no intermediate stops, in the limit, one could have a Loop station in every driveway,” the company wrote.

That framing captures how far the ambitions have moved. The Vegas Loop opened its first stretch of tunnel in 2021 and has grown its footprint through a string of county approvals since. In 2023, commissioners signed off on 18 additional stations, part of a plan that later doubled the system’s target to 69 stations across 65 miles. By the end of that year the company was describing a build out closer to 93 planned stations. Last year the long term design called for 104 stations across 68 miles of tunnel. The new approval pushes that number to 123, another jump in a project that keeps outgrowing its own blueprints.

The Boring Company gets approval for more stations in Las Vegas

Station count on paper is still well ahead of what riders can actually use. As Teslarati reported earlier this month, the network has about 11 open stations and has carried more than 4 million passengers since it began running, with newer stops at Fontainebleau and Sahara among the latest additions to the Strip corridor. A tunnel connection to Harry Reid International Airport remains under construction and has already slipped past its original first quarter target. The company is also racing to finish a Westgate to Paradise Road segment that Las Vegas Convention and Visitors Authority CEO Steve Hill has said it hopes to have running in time for November’s Formula 1 race.

The gap between entitled stations and operating ones is where the real story sits. Regulatory approval gives Boring Company the legal runway to keep tunneling toward new resorts, residential pockets and eventually the airport, but building each connection still comes down to boring machines, fire safety sign offs and construction timelines that have slipped before. The company’s Prufrock series machines set an internal record in March with a 2.28 mile tunnel near Westgate, evidence that construction has been picking up even as the list of approved destinations grows faster than the tunnels themselves.

Musk’s driveway comment reads as aspirational rather than a near term plan, but it fits how Boring Company has talked about Vegas Loop from the start: treat every approval as a floor, not a ceiling, and keep pushing county officials for room to dig.

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Elon Musk

SpaceX announces new Starbase for ‘thousands of Starship launches annually’

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Credit: SpaceX

SpaceX announced today that it would expand its launch capabilities into a new U.S. state: Louisiana.

Today, SpaceX, in conjunction with the Louisiana Economic Development Office, said that it will establish a new launch facility, which it will call Starbase, Louisiana. It will be located near Vermilion Parish, supporting thousands of launches each year, at least eventually.

CEO Elon Musk commented by stating, “Starbase Louisiana will ultimately have over a dozen launch towers, enabling more than 30 Starship flights per day and making it the biggest launch site on Earth!”

The expansion is SpaceX’s latest move to push its launch cadence to be more frequent than ever. SpaceX said that Starbase, Louisiana, will be built to “support thousands of Starship flights a year,” with the first coming in 2029.

SpaceX announced the new facility in partnership with the Louisiana Economic Development Office as it will bring a major influx of jobs and investments into the area. Currently, it will produce more than 3,000 new jobs in Louisiana, and SpaceX plans to invest at least $100 billion into the entire facility, ensuring that many jobs are created as a result.

Environmental Responsibility

SpaceX acknowledges the impact launches could have on marshlands, local wildlife, and water sources. Here’s how the company plans to help with the issues in Vermilion Parish:

  • Restoring the Shoreline: “In Vermilion Parish, the shoreline is eroding between 3.3 and 23 feet per year. We’re partnering with state and federal agencies to expand Louisiana’s Coastal Master Plan and Coastal Wetlands Planning, Protection and Restoration Act projects, including Gulf shoreline protection breakwaters designed to reduce wave energy and slow loss along the Gulf edge.”
  • Rebuilding the Marshlands: “In working with the state, we’re planning thousands of acres of marsh creation using beneficial-use placement of dredged material and offshore sediment sources. Restoration will also include interior marsh bank stabilization and rebuilding marsh in remnant canals. These projects can reconnect fragmented wetlands, restore natural buffers against storms, and return habitat that has been lost to erosion and historic canalization.”
  • Preserving Coastal Wildlife: “Pecan Island and nearby wetlands are high-value habitat for migratory waterfowl, shorebirds, wading birds, and other coastal wildlife. SpaceX is not developing the full footprint of the land and will preserve wetlands and wildlife habitat. At existing launch sites, waterfowl and other birds continue to use nearby habitat during operations. Working with wildlife agencies, landowners, and conservation groups, SpaceX will support monitoring and management so this habitat stays productive and hunting, fishing, birding, and other recreational activities that are part of this coast’s culture can continue.”

SpaceX shares rose about 2.5 percent on the news.

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