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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

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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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Tesla Full Self-Driving v14.3.6 review: a rare regression, but some bright spots

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Credit: Tesla

Tesla released Full Self-Driving version 14.3.6 last week, and after what was potentially one of the best FSD releases in v14.3.5, there has been a bit of a regression. While there are some bright spots, the changes made to v14.3.6 seem to have backtracked some behaviors.

Overall, it is hard to really complain about FSD in any sense; it has revolutionized how I travel literally anywhere. According to my self-driving app, the last time I went a day without using it was 59 days ago.

However, I think it’s also important to recognize when things are just plain bad with FSD. There are times it does truly mind-boggling things, and I’ll dive into those here. Additionally, I only had these issues on local roads, not on highways. Highway operation, generally, is always incredible other than the occasional complaint about speed or left lane camping.

With those things being said, my personal experience may not represent others’ experiences. A handful of people have said they have had a similar experience on v14.3.6, while others have said it is more than normal.

Turning Hesitancy, Inaccuracy

I’ve noticed more inaccuracy turning into multi-lane stretches of road than in any version I can remember. I’ve had at least three instances of FSD turning into a stretch of roadway that has two or more lanes, and not selecting a lane confidently as it has in past versions.

Instead, the car will drive over one of the dashed road lines, and the steering wheel will jerk back and forth before picking the lane. It should be said that it has always picked the correct lane when choosing based on the navigation, but it is still very indecisive. The steering wheel jerking is reminiscent of some of the later versions of v13.

I admit I really hate to see the steering wheel jerking come back. However, I think when Tesla releases v14.3.7, it won’t be present. When there are occurrences of it in FSD versions, it is usually resolved by the following release.

FSD Disregards Manual Turn Signals

This is my biggest bone to pick with FSD other than Navigation issues, but this one seems like it would be such an easy fix.

If Tesla is going to put the word “Supervised” on the end of “Full Self-Driving,” then when I tell the car to do something, it should do it. If I input an increase in speed by pressing the accelerator, the car will immediately respond. It does not disregard my input because it feels it is traveling at the right speed.

FSD should never disobey and turn off turn signals that the driver inputs. Trying to direct the car into the correct lane, I had initiated the left turn signal not once, not twice, but three times, with the car turning it off all three times and continuing in a lane that would end in just one block. The only solution at this point would be to zipper merge.

This goes back to the fact that self-driving’s biggest bottleneck might be rider preference. A zipper merge might have been more than reasonable, might have saved me time that I spent sitting through an additional light cycle, and might be something many drivers would do. I was in no hurry, I traditionally do not try to zipper merge because it feels inconsiderate, and lastly, the car should have just followed my input.

This caused me to disengage and drive manually the rest of the way home. Sometimes I just do not need FSD to try to pass every car it can at intersections.

Bird Braking is a Thing of the Past

The big complaint with recent versions of Full Self-Driving has been what we’ve coined as “bird braking,” which is when the car will brake suddenly as a bird flies past.

There have been zero issues with this so far in v14.3.6, which is an excellent improvement.

FSD Might Already Be Taking Note of Driver Preferences

Another thing I have noticed over the past few days is that v14.3.6 seems to already be taking my preferences with navigation into account.

This is something that is supposed to be rolling out with the Summer Update, but I have a hunch it’s already present and might have been included in this v14.3.6 build. On Friday, FSD pulled into an entrance to a local convenience store that it had never attempted to go into before.

Typically, I manually pull into this entrance because it avoids heavy cross traffic at the main entrance. FSD has always chosen that congested main entrance.

Additionally, FSD has pulled into my assigned parking spot at my townhouse community on multiple occasions with this release. This is something that used to happen ocassionally, but not consistently.

It also navigated back to the same convenience store last night, drove through crazy cars scrambling to gas pumps, navigated out of the parking lot correctly, drove me home, and, once again, parked in my assigned spot.

As previously stated, this release just seems to have a few things that need to be brought to Tesla’s attention, and also to make others who use FSD aware of some things that I’ve experienced. I look forward to the next release that will remedy these issues, just as Tesla has always done in the past.

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Musk’s massive Terafab project will get final location soon

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Credit: SpaceX

Elon Musk’s massive Terafab project, which will be the first true conglomeration between each of his major entities, is set to get its final location soon, the CEO said on Tesla’s recent earnings call.

“The Terafab, we expect to announce a location soon, and provide more details about our plans in that regard. We’ll leave that to the product, the launch announcement rather than try to squeeze it into an earnings call,” Musk said last Wednesday.

Tesla Terafab set for launch: Inside the $20B AI chip factory that will reshape the auto industry

Terafab was announced by Musk back in March and was essentially a massive, vertically integrated semiconductor manufacturing project that would provide all the chips the three companies needed for their AI initiatives without needing third-party companies.

The plant will produce over 1 terawatt of AI compute each year, and will help back up projects like Optimus, Full Self-Driving, and other AI-based projects that Musk’s companies are working on.

In April, less than a month after the project was launched, Intel announced it would join the project, contributing manufacturing expertise and consulting to Terafab as a whole. Intel is one of three chip manufacturers that produce sub-5 nanometer chips at scale. TSMC and Samsung are the other two.

However, there was no true indication of where Terafab would end up, but most believe it will likely be somewhere in Texas. Business Insider has reported that SpaceX plans to build out Terafab in Grimes County, Texas, but this is unconfirmed.

Musk confirmed recently that it would not be on Giga Texas property, as it is simply too large.

Terafab holds much of Musk’s grand ambitions for the future within its construct. It holds so much responsibility for the future and the biggest projects that Musk’s companies can imagine.

“I think this is a very big announcement and it deserves to have its own day in the spotlight and not be squeezed into an earnings call,” he said. “I do think Terafab is going to be an amazing initiative and a necessary one, and one without which we will be constrained in our ability to scale Optimus production, because we simply won’t have enough AI chips.”

He continued by stating that Terafab is necessary for scaling Optimus, which Musk said could be the biggest product of any kind of all time. “It’s crucial to solve that, and we’ll have to solve memory, logic, and packaging in order to scale Optimus.”

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Elon Musk reveals SpaceX performed secret Starship test on Flight 13

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Credit: SpaceX

SpaceX performed a secret test on a specific portion of Starship with its recent 13th test flight last week, CEO Elon Musk revealed.

Starship’s 13th test flight took place last Friday, and in many aspects, it was one of the most overwhelmingly successful launches in the project’s history.

All of the mission objectives were met without incident, both the Super Heavy Booster and Ship managed to perform safe splashdowns in the Gulf of America and the Indian Ocean, respectively, and the deployment of Starlink satellites came and went without any complications.

However, there was more on the agenda for SpaceX with Flight 13. Musk revealed an internal test of the ship’s heat shield tiles, as the space exploration company wanted to push them to the limits after previous issues.

Many noticed that Starship’s initial launch seemed to be more accelerated than normal, and that was not a mistake. Musk revealed that SpaceX decided to give Flight 13 an intentionally aggressive acceleration rate in an effort to test how well the tiles would remain attached to the ship:

SpaceX had issues with some of the heat shield tiles remaining attached early on in the Starship program. The first six test flights presented some kind of anomaly with them, so the company’s big focus with them was to figure out a way to keep them intact through the duration of the flight.

Things truly improved as Flight 10 showed that ceramic tiles generally stayed attached to the ship far better due to refined attachment, as SpaceX utilized pins instead of adhesives. Flights 10 through 13 truly showed some clear progress with the heat shield tiles, and this latest test seems to be where some real progress was noticed, especially by Musk.

The 13th Starship launch last Friday was the second with Starship V3, SpaceX’s latest and greatest iteration of the spacecraft. Goals and ambitions are getting even grander as the project continues to progress. Musk has already hinted that SpaceX will likely try to catch Starship with Flight 14.

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