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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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SpaceX is keeping the Space Station alive again this weekend

SpaceX’s Falcon 9 launches Northrop Grumman’s Cygnus NG-24 to the ISS with 11,000 pounds of cargo Saturday.

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SpaceX is targeting April 11 for the launch of Northrop Grumman’s Cygnus XL cargo spacecraft to the International Space Station, carrying over 11,000 pounds of supplies, science hardware, and equipment for the Expedition 73 crew aboard. Liftoff is set for 7:41 a.m. ET from Space Launch Complex 40 at Cape Canaveral Space Force Station, with a backup window available April 12 at 7:18 a.m. ET.

The mission, officially designated NG-24 under NASA’s Commercial Resupply Services program, names its spacecraft the S.S. Steven R. Nagel in honor of the NASA astronaut who flew four Space Shuttle missions and logged over 723 hours in space before his death in 2014. Unlike SpaceX’s own Dragon capsule, which docks autonomously, Cygnus relies on NASA astronauts to capture it using a robotic arm before it is berthed to the space station’s module for unloading. When the mission wraps up around October, the Cygnus will depart loaded with station trash and burn up on reentry.

Countdown: America is going back to the Moon and SpaceX holds the key to what comes after

This is the second flight of the Cygnus XL configuration, which debuted on NG-23 in September 2025 and offers a roughly 20% increase in cargo capacity over the previous design. Northrop Grumman switched to Falcon 9 launches after its own Antares 230+ rocket was retired in 2023 following supply chain disruptions from the war in Ukraine.

The upcoming cargo includes a new module to advance quantum research, and an investigation studying blood stem cell production in microgravity with potential therapeutic applications on Earth.

The NG-24 mission is one piece of a much larger picture for SpaceX and the U.S. government. As Teslarati reported, SpaceX has become an indispensable launch provider for U.S. national security missions, picking up a $178.5 million Space Force contract in April 2026 to launch missile tracking satellites, while also holding roughly $4 billion in NASA contracts tied to the Artemis lunar program.

At a time when no other American rocket can match the Falcon 9’s combination of reliability, cost, and launch cadence, Saturday’s mission is a straightforward reminder of how much the U.S. government now depends on a single commercial provider to keep its astronauts supplied and its satellites flying.

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Tesla hits FSD hackers with surprise move

In recent weeks, the company has begun remotely disabling FSD capabilities on affected vehicles, and in some instances, permanently revoking access even for owners who paid thousands of dollars for the feature.

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Tesla is cracking down on hackers who have figured out a way to utilize third-party programs to activate Full Self-Driving (FSD) in their vehicles — despite the suite not being approved for use in their country.

Tesla has launched a sweeping enforcement campaign against owners using third-party hardware hacks to activate FSD software in countries where the advanced driver-assistance system remains unregulated or unapproved.

In recent weeks, the company has begun remotely disabling FSD capabilities on affected vehicles, and in some instances, permanently revoking access even for owners who paid thousands of dollars for the feature.

Reports of the crackdown have surfaced across Europe, China, Japan, South Korea, and the UK, marking a significant escalation in Tesla’s efforts to enforce regional software restrictions.

FSD is Tesla’s flagship supervised autonomy package, which is available in several countries across the world. Currently limited by regulatory hurdles, it has not received full approval in most markets outside of the United States due to various things, such as safety standards, data privacy, and local traffic laws.

However, the company is working to expand its availability globally. Nevertheless, Tesla has installed the necessary hardware on vehicles globally, but locks the features based on geographic location.

Some owners have taken accessing FSD into their own hands, using jailbreak or bypass devices.

These “jailbreak” tools, typically €500 USB-style modules that plug into the vehicle’s Controller Area Network (CAN) bus, intercept signals to spoof approvals and unlock FSD, including advanced navigation, Autopark, and Summon features.

Hackers in Poland, Ukraine, and elsewhere have distributed the devices, with some claiming they work on HW3 and HW4 vehicles and can be unplugged to restore stock settings. In China alone, over 100,000 owners reportedly installed such modifications.

Tesla’s response has been swift and uncompromising. Recently, the company began sending in-car notifications and emails warning owners that unauthorized modifications violate terms of service, compromise vehicle safety systems, and expose cars to cybersecurity risks.

The email communication read:

“Your vehicle has detected an unauthorized third-party device. As a precaution, some driver assistance functions have been disabled for safety reasons. A software update will be available soon. Once you install the update, some features may be enabled again.”

Vehicles detected using the hacks have had FSD capabilities remotely disabled without refund. In some cases, owners report permanent bans, even if they had legitimately purchased the software package.

Tesla’s hardline stance underscores its commitment to regulatory compliance and safety.

Tesla has long argued that unsupervised FSD requires rigorous validation, and premature activation could endanger drivers and bystanders.

The crackdown sends a clear-cut message to those who are bypassing the FSD safeguards, but there are greater implications for Tesla if something were to go wrong. This is an understandable way to protect the company’s reputation for its FSD suite.

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Tesla developing small, affordable SUV, report claims

This latest rumor deserves heavy scrutiny. Tesla has already walked away from a mass-market $25,000 EV once before.

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Credit: Tine Rusc

Tesla is developing a small, affordable SUV, a new report claims, speculating that the automaker is planning to add yet another vehicle to its lineup at a price point similar to the Model 3 and Model Y, but smaller and more compact.

But it does not make a whole lot of sense, especially considering a handful of things CEO Elon Musk said and the overall plan for Tesla’s future.

Reuters reported that Tesla is in the early stages of developing an all-new, smaller, cheaper electric SUV. Citing four sources familiar with the matter, the story claims the vehicle would be shorter than the Model Y, built in China, and represent a fresh platform rather than a variant of the Model 3 or Y.

Suppliers have reportedly been contacted to discuss details, though Tesla has not commented. The move appears aimed at broadening affordability amid slowing EV demand and intensifying competition, particularly from Chinese rivals.

This latest rumor deserves heavy scrutiny. Tesla has already walked away from a mass-market $25,000 EV once before.

In 2024, the company scrapped its long-teased “Redwood” project for a budget-friendly car. Elon Musk explained the decision bluntly during an earnings call: a conventional low-cost model would be “pointless” and “completely at odds with what we believe.”

In other words, chasing a bare-bones cheap EV runs counter to Tesla’s core mission of accelerating sustainable energy through cutting-edge technology and autonomy rather than volume-driven price wars.

Musk’s own recent statements reinforce skepticism about a compact SUV pivot. Just two weeks ago, on March 25, he responded to fan requests for a minivan by posting on X: “Something way cooler than a minivan is coming.”

Elon Musk says Tesla is developing a new vehicle: ‘Way cooler than a minivan’

The remark came in the context of family-hauling needs, with Musk highlighting the Cybertruck’s ability to seat multiple child seats. It signals Tesla’s focus is shifting toward more spacious, innovative people-movers—not shrinking its lineup.

U.S. demand data echoes this logic.

The long-wheelbase Model Y L—a six-seat, stretched variant offering extra room for families—has generated massive interest wherever offered. Fans in the U.S. have basically begged for the Model Y L to make its way to the States, or for the company to develop a full-size SUV.

The Model Y L is selling well in China, where it is manufactured.

Delivery wait times for the Model Y L stretched into February 2026 as orders poured in. Tesla recently expanded the trim to eight new Asian markets, yet it remains unavailable in the United States, where consumer appetite for a larger, more practical SUV is reportedly strong.

American buyers have consistently favored bigger vehicles; the Model Y already outsells most competitors precisely because it delivers crossover utility without compromise. A compact model shorter than today’s bestseller would likely miss this mark entirely.

Tesla’s product strategy has long emphasized differentiation through autonomy, range, and desirability rather than racing to the bottom on price. Stripped-down variants of the Model 3 and Y have already struggled to ignite broad demand.

A new compact SUV built in China might sound logical on paper for cost-sensitive buyers, but it risks repeating past missteps—diluting brand cachet while ignoring clear signals from Musk and the market.

History suggests Tesla talks about affordable cars more often than it delivers them. Whether this Reuters scoop evolves into metal or joins the $25k project on the scrap heap remains to be seen.

For now, the smart money is on Tesla doubling down on “way cooler” vehicles that actually fit American families—and Tesla’s ambitious vision—rather than a smaller SUV that feels like yesterday’s news.

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