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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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SpaceX moves to challenge AT&T, Verizon with Qualcomm-powered 5G

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Credit: Qualcomm

SpaceX has selected Qualcomm Technologies to supply core infrastructure for Starlink Mobile’s planned nationwide terrestrial 5G network in the United States.

Announced on November 4, the multi-year agreement covers radios, baseband units, and commercial-grade Layer 1 software based on Qualcomm’s Dragonwing Cellular Infrastructure platforms, specifically the QRU100 and QDU100:

These will power Massive MIMO radio units featuring 64 transmit and 64 receive paths (64T64R), designed to boost coverage, capacity, and spectral efficiency at scale. Qualcomm has described the pact as its largest 5G deal to date, with deployment across tens of thousands of U.S. cell sites scheduled to begin in 2027.

The terrestrial build-out is meant to complement, not replace, Starlink’s satellite direct-to-cell capabilities. SpaceX has assembled substantial spectrum holdings for this purpose: roughly 65 MHz of mid-band frequencies acquired from EchoStar (including AWS-4 and related bands) and up to 14 MHz of low-band 800 MHz spectrum from Grain Management.

The low-band airwaves improve indoor penetration and range, while mid-band supports higher capacity. SpaceX executives, including President Gwynne Shotwell, have outlined a hybrid architecture in which satellites eliminate outdoor dead zones and terrestrial nodes add capacity where demand is highest.

Earlier comments suggested small cells or femtocells potentially co-located with existing Starlink user terminals on roofs, though later filings also reference more conventional antennas on towers and structures.

The big picture is SpaceX’s bid to become a full-fledged U.S. mobile carrier rather than a satellite partner or dead-zone filler. AT&T, Verizon, and T-Mobile together generate hundreds of billions in annual wireless revenue; Shotwell has said SpaceX expects to win customers by offering superior coverage, including during disasters, through seamless satellite-terrestrial handoff.

Verizon, AT&T and T-Mobile are trying to shut Starlink out before FCC vote

Starlink already represents a major share of SpaceX’s revenue and profit following the company’s 2026 IPO. By vertically integrating spectrum, satellite manufacturing, launch capacity, and now ground radio equipment, SpaceX aims to control more of the connectivity stack.

Qualcomm’s involvement also positions the network for future evolution toward AI-native 6G infrastructure, with energy-efficient processing that could improve deployment economics.

Challenges remain: spectrum depth still lags the Big Three, capital costs for tens of thousands of sites will be substantial, and regulatory approvals continue, but the Qualcomm deal marks a concrete step from spectrum accumulation toward operational network build-out.

In short, the partnership accelerates Starlink Mobile’s shift from orbital broadband specialist to hybrid mobile competitor, testing whether a space-based company can reshape terrestrial wireless economics and coverage in the world’s largest market.

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Elon Musk’s Grok Bot is picking up the phone now, and the first calls are wild

Elon Musk wants Grok Bot users making phone calls, and one Comcast call saved $500.

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Elon Musk is pushing Grok Bot users toward a feature that, until this week, few of them could actually use. “Try asking Grok @Bot to make calls!” Musk wrote on X Tuesday afternoon, quoting a demo from Sawyer Merritt that included audio from a live call.

Musk first announced calling on October 25, writing that the agent could “call someone or a business for you, make a request on your behalf, take notes on the response and send you a note summarizing the conversation.” There were no release notes at the time, and the feature only appeared in preview builds. That changed on Tuesday, when creator Peter Yang said all Grok Bot users should now be able to call US businesses. Musk reposted his demo.

Yang’s call shows how far the feature goes. In his video, his bot dialed Comcast, worked through the phone menu, deflected small talk about the weather by saying it does not “have eyes on the sky,” turned down three upsells and used a cheaper fiber offer from competitor Sonic as leverage. His bill dropped from $84 to $45 per month on a faster plan, a savings of nearly $500 a year. The call ran about 25 minutes, and the bot paused to get Yang’s approval before accepting the final terms.

Merritt described what the user sees: a live transcript runs during the call, and when the business asks for something the bot does not know, an answer box pops up in the chat. The user types a reply and Grok relays it to the person on the line. Other users posted results Tuesday, including a $100 gift card recovered from Verizon Fios after a 51 minute call and a same day pediatric appointment, which Musk also shared. Not every call worked. One user said a rep refused to cancel a subscription once it was clear an AI was on the phone.

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The Grok Bot terms require every call to identify itself as a virtual assistant calling on the user’s behalf and warn that calls may be recorded. Marketing, mass calling and impersonation are prohibited, and calling currently works only with US numbers.

The timing stands out. Days ago, users began hitting their weekly limits early, and Musk said the cost of serving Grok Bot was “unsustainably high relative to revenue,” as Teslarati reported. A call that spends most of its 25 or 50 minutes on hold is the kind of long running task that eats into usage, and SpaceXSI has not said how calls count against the weekly pool. Grok Bot is included from the $30 Premium tier of The X Subscription upward.

For Tesla owners, the agent has been in their cars since September 22 and is enabled across every Cybercab and Model Y Robotaxi. Musk has already pitched it for phone chores like scrubbing your number from spam call lists. Neither Tesla nor SpaceXSI has confirmed whether a bot can place one of these calls on request from inside the vehicle.

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Tesla Full Self-Driving gets hit with some adjustments in Europe

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Tesla Full Self-Driving, which is now referred to in Europe as “Tesla Assisted Driving” (TAD), is getting hit with a handful of new changes at the hands of the Netherlands’ vehicle authority, the RDW (Rijksdienst voor het Wegverkeer).

On 3 November, the RDW announced that it has assessed and approved a set of changes to Tesla’s FSD Supervised driver-assistance system. The updates introduce the official European name TAD and impose stricter controls on the system’s speed behaviour.

The new name will appear on the in-car display, in the owner’s manual, and in all other driver-facing information. The change applies to Tesla models equipped with Tesla Assisted Driving and hardware version 4.0 (HW4) or later.

Tesla Assisted Driving expands to tenth EU country

Importantly, the RDW stressed that the name change does not alter the system’s fundamental operation: it remains a supervised driver-assistance feature that supports the driver in performing driving tasks. The driver stays fully responsible for controlling the vehicle at all times.

Beyond the rebranding, the most significant functional adjustments concern speed settings. Drivers will still be able to set a speed margin, a percentage by which the system may exceed the applicable speed limit when necessary for safety or traffic flow. However, the maximum allowable margin has been reduced from +50% to a maximum of +10%.

In addition, every time the vehicle is started, the speed-margin setting will default to 0% deviation, and other speed-related functions will be disabled by default. These changes will be delivered through an over-the-air (OTA) software update from Tesla.

Tesla requested the RDW’s review of these “minor changes.” After evaluating how the modifications were implemented and how the system behaves, the authority found no adverse or unintended effects on the system’s operation or the vehicle’s driving behaviour. Consequently, the existing type approval remains valid under the same conditions and for the same use; no amendment or extension of the approval is required.

The RDW has informed the nine EU member states that have already accepted its type approval—Belgium, Denmark, Estonia, Croatia, Latvia, Lithuania, Slovenia, Slovakia and Czechia—about the updates. Broader EU-wide approval is still under discussion within the European Technical Committee on Motor Vehicles (TCMV). Those proceedings remain confidential, and the RDW has declined to comment on them.

The approved changes align with earlier discussions involving German authorities, which had advocated both for clearer naming to avoid misleading drivers and for a tighter speed offset.

By formally incorporating these adjustments while leaving the core type approval intact, the RDW has cleared the way for Tesla to roll out the updated TAD software via OTA to eligible vehicles in the Netherlands and the other countries that recognise the Dutch approval. The system continues to function strictly as supervised driver assistance, with the human driver remaining the responsible party.

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