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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. 

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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Elon Musk says Tesla Cybercab future is ‘obvious to anyone with eyes and a brain’

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Elon Musk said the Tesla Cybercab will perform “a majority of all passenger miles” where it is allowed to operate and that point is “obvious to anyone with eyes and a brain.”

Musk used the point to double down on the company’s decision to ax the cult-favorite Cybertruck, as its production space will be removed and transitioned into additional Cybercab lines. The move has catalyzed a polarizing conversation on whether its right or wrong.

Whatever side you are on — it’s happening.

Regardless, Musk seems to be getting to the point that he is done talking about the choice. At some point, you have to think that this was truly a difficult decision for him and the company as well, and this is not something he took lightly. In fact, he’s probably a little bit disappointed with it, too.

But the point remains that the Cybertruck is gone. Musk’s focus is purely on developing an autonomous platform that the world will utilize for transportation, and he’s telling you that anyone “with eyes and a brain” can see it:

Tesla is betting that all of its passengers in the future will be okay with not owning their own personal cars and will be fine with ride-hailing for the rest of their lives. Every dinner, every errand, every trip to the airport and transportation thereafter, will all be operated by ride-sharing, and in Tesla’s perfect world, it will happen in a Cybercab.

As of now, Cybercab is only active in Austin, but it has been spotted all over the country with a driver behind the wheel in those prototypes. In Austin, the car has no steering wheel or pedals for people to control the vehicle.

The Cybertruck dilemma is one that has truly come across the entire Tesla community and while it seems to be a great idea to keep it because people love it, the business side of things is steering Musk and Tesla in another direction.

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Tesla slims Cybertruck offerings to only its most expensive trim

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Credit: u/dregonzz/Reddit

Tesla has slimmed its Cybertruck offerings to offer only its most expensive trim: the Cyberbeast.

After announcing that the Cybertruck would no longer be produced and the company would wind down manufacturing sometime in the middle of 2027, Tesla started to eliminate some of the configurations offered to customers.

Now, only one remains: the $109,990 Cyberbeast. This is truly what seems like Tesla’s last effort to deter any remaining orders from coming in: eliminate the cheap trims and leave only the high-dollar vehicle within the lineup of Cybertruck options.

Those who want to take advantage of this last-ditch opportunity to own Tesla’s symbolic pickup have to pay to play.

Tesla says the reason for the wind down is truly because of Cybercab and its importance to the future.

Despite cries for Tesla to continue production of the pickup, Musk says it is too difficult to ramp a high-volume line instead of ending the truck altogether. He also says Cybercab is what will take passengers around for the “majority of all miles in any jurisdiction where it is not prohibited by law.”

Tesla is going all in on autonomy, and that’s never been a secret. But the commitment to a two-door, two-seat Cybercab truly limits people from having options for labor or hobbies. It also limits people from having their entire family in a single car.

Parents with even a single child will be required to take multiple vehicles if Cybercab is truly the only option Tesla plans to have.

Elon Musk keeps justifying Tesla Cybertruck’s cancelation, but it’s confusing

Tesla has stated the Robovan will also be in production eventually, but it still does not seem like the most ideal vehicle to own. It seems like it is geared more toward commercial uses, but Tesla might have something in the pipeline for families.

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Tesla exec hints at a wild fix for Robotaxi’s biggest weather problem

Tesla VP Lars Moravy says focused lasers could keep robotaxi cameras clear instead of wipers.

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Tesla Cybercab in a rainy Austin, Texas rendering

Tesla may one day use lasers instead of wiper blades to keep its robotaxi cameras clear. Lars Moravy, Tesla’s Vice President of Vehicle Engineering, floated the idea in a new episode of Jay Leno’s Garage released Monday, where he and design chief Franz von Holzhausen walked Leno through the Model Y L.

“If you fire them in a focused area, you can clean the sheet of water and create a barrier,” Moravy said. “When you think about autonomy, it might be a good solution to only clean the area where the camera is.” He added that clearing an entire windshield would take too many lasers to be practical.

The comment brings back one of Tesla’s stranger patents. The company filed for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies” in May 2019, and the U.S. Patent Office granted it in September 2021. An updated divisional version was granted on March 31, 2026. The system detects debris on the glass, identifies what it is, and pulses the laser at a calibrated rate so the beam never penetrates deeper than the glass itself. The filing names windshields, side windows, camera lenses and solar panels as possible targets.

Lasers were once rumored for the Cybertruck, which appeared at its November 2019 unveiling with no wipers at all. Tesla eventually settled on a single oversized blade, and Elon Musk admitted the wiper was the part of the truck that troubled him the most. That production line is now scheduled to shut down around mid 2027 to make room for more Cybercab output.

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What has changed since then is who is in the vehicle. A privately owned car has a driver who can notice a smeared windshield and do something about it. A Cybercab heading to its next pickup has nobody on board to check. Tesla has been chipping away at that problem with conventional hardware. Model Y Robotaxis in Austin were spotted with washers on their side repeater cameras in January, and a lens cleaning patent granted in May describes a fluid and wiper assembly for vehicle cameras and Optimus’ eyes. A laser would remove the fluid and the blades, both of which need regular replacement across a fleet.

The same episode gave Leno his first ride on Full Self-Driving (Supervised). The Model Y L pulled over on its own when an ambulance approached with its sirens on. “We got it on self-driving mode! I’m not touching anything,” Leno said. Moravy and von Holzhausen also explained that owners remain responsible while using FSD (Supervised), while Tesla takes responsibility for Robotaxi rides because it acts as the operator. Tesla launched the Model Y L in the U.S. in July at $61,990.

Moravy gave no timeline, and he described the laser setup as something Tesla is considering rather than a confirmed feature. The fleet it would serve keeps getting bigger, though. Tesla launched unsupervised Robotaxi service in San Antonio on Monday, its eighth city, and expanded its Austin service area to roughly 443 square miles on the same day. Several of those markets, including Houston, Miami and Tampa, see heavy seasonal rain.

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