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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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Tesla is ramping up its advertising strategy on social media

Tesla has long stood out in the automotive world for its unconventional approach to advertising—or, more accurately, its near-total avoidance of it. For over a decade, the company spent virtually nothing on traditional marketing.

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Tesla CEO Elon Musk unveils futuristic Cybertruck in Los Angeles, Nov. 21, 2019 (Photo: Teslarati)

Tesla seems to be ramping up its advertising strategy on social media once again. Marketing and advertising have not been a major focus of Tesla’s, something that has brought some criticism to the company from its fans.

However, the company looks to be making adjustments to that narrative, as it has at times in the past, as ads were spotted on several different platforms over the past few days.

On Facebook and YouTube, ads were spotted that were evidently placed by Tesla. On Facebook, Tesla was advertising Full Self-Driving, and on YouTube, an ad for its Energy Division was spotted:

Tesla has long stood out in the automotive world for its unconventional approach to advertising—or, more accurately, its near-total avoidance of it. For over a decade, the company spent virtually nothing on traditional marketing.

In 2022, Tesla’s U.S. ad spend was roughly $152,000, a rounding error compared to General Motors’ $3.6 billion the following year.

Traditional automakers averaged about $495 per vehicle on ads; Tesla spent $0. CEOElon Musk’s stance was explicit: “Tesla does not advertise or pay for endorsements,” he posted on X in 2019. “Instead, we use that money to make the product great.”

The strategy relied on word-of-mouth from delighted owners, Elon’s massive X following, viral product launches, media frenzy, and customer referrals. A great product, Musk argued, sells itself. It does not need Super Bowl spots or billboards. Resources poured into R&D instead, with Tesla investing nearly $3,000 per car, far more than rivals.

Tesla counters jab at lack of advertising with perfect response

This reluctance wasn’t arrogance; it was philosophy, and Musk made it clear that the money was better spent on the product. Heavy spending on ads was seen as wasteful when innovation and authenticity drove organic demand. Shareholder calls for marketing budgets were ignored.

The current shift, paid Facebook ads promoting Full Self-Driving (Supervised) and YouTube Shorts offering up to $1,000 back on Powerwall batteries, marks a pragmatic evolution.

These targeted campaigns coincide with the end of one-time FSD purchases and a March 31 deadline for FSD transfer eligibility on new vehicles.

This move likely signals Tesla adapting to scale, as well as a more concerted effort to stop misinformation regarding its platform. As EV competition intensifies and the company bets big on robotaxis and energy storage, pure organic buzz may not suffice to hit adoption targets. Selective digital ads allow precise, cost-effective reach without abandoning core principles.

If successful, it could foreshadow measured expansion into marketing, boosting high-margin software and home energy revenue while preserving Tesla’s innovative edge. But, it’s nice to see the strategy return, especially as Tesla has been reluctant to change its mind in the past.

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Tesla Model Y outsells everything in three states, but Ford dominates

The Model Y’s success here highlights accelerating mainstream adoption of electric SUVs, which offer spacious interiors, impressive range, rapid acceleration, and low operating costs.

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Credit: Tesla

The Tesla Model Y was the best-selling vehicle in three different states in the U.S. last year, according to new data that shows the all-electric crossover outsold every other car in a few places. However, Ford widely dominated the sales figures with its popular F-Series of pickups.

According to new vehicle registration data compiled by Edmunds and visualized by Visual Capitalist, the Ford F-Series, encompassing models like the F-150, F-250, F-350, and F-450, claimed the title of best-selling vehicle in 29 states.

This dominance underscores the pickup truck’s unbreakable appeal across much of the country, particularly in rural, Midwestern, Southern, and Western states, where towing capacity, durability, and utility for work or recreation remain top priorities.

The F-Series has held the crown as America’s overall best-selling vehicle for decades, a streak that continued strong into 2025 despite broader market shifts.

Yet, amid this truck-heavy reality, Tesla made a notable breakthrough. The Model Y emerged as the top-selling vehicle, not just the leading EV, but the outright best-seller in three key states: California, Nevada, and Washington.

These West Coast strongholds reflect regions with robust EV infrastructure, high environmental awareness, generous incentives, and tech-savvy populations. In California alone, nearly 50 percent of new vehicle registrations were electrified, far outpacing the national average of around 25 percent.

The Model Y’s success here highlights accelerating mainstream adoption of electric SUVs, which offer spacious interiors, impressive range, rapid acceleration, and low operating costs.

Elon Musk: Tesla Model Y is world’s best-selling car for 3rd year in a row

Elsewhere, Japanese crossovers filled many gaps: Toyota’s RAV4 and Honda’s CR-V topped charts in several urban and densely populated Northeastern and Midwestern states, where fuel efficiency, reliability, and family-friendly features win out over larger trucks.

While Ford’s broad reach shows traditional preferences persist, at least for now, Tesla’s Model Y victories in high-population, influential states signal a gradual but undeniable transition toward electrification. As charging networks expand and battery technology improves, more states could follow the West Coast’s lead in the coming years.

This 2025 map captures a pivotal moment: pickup trucks still rule the majority, but EVs are carving out meaningful territory where consumer priorities align with sustainability and innovation. The road ahead promises continued competition between legacy giants and electric disruptors.

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Elon Musk

Elon Musk shares updated Starship V3 maiden launch target date

The comment was posted on Musk’s official account on social media platform X.

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Credit: SpaceX/X

SpaceX CEO Elon Musk shared a brief Starship V3 update in a post on social media platform X, stating the next launch attempt of the spacecraft could take place in about four weeks.

The comment was posted on Musk’s official account on social media platform X.

Musk’s update suggests that Starship Flight 12 could target a launch around early April, though the schedule will depend on several remaining milestones at SpaceX’s Starbase launch facility in Texas.

Among the key steps is testing and certification of the site’s new launch tower, launch mount, and tank farm systems. These upgrades will support the next generation of Starship vehicles.

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Booster 19 is expected to roll to the launch site and be placed on the launch mount before returning to the production facility to receive its 33 Raptor engines. The booster would then return for a static fire test, which could mark the first time a Super Heavy booster equipped with Raptor V3 engines is fired on the pad.

Ship 39 is expected to undergo a similar preparation process. The vehicle will likely return to the production site to receive its six engines before heading to Massey’s test site for static fire testing.

Once both stages are prepared, the booster and ship will roll out to the launch site for the first full stack of a V3 Super Heavy and V3 Starship. A full wet dress rehearsal is expected to follow before any launch attempt.

Elon Musk has previously shared how SpaceX plans to eventually recover Starship’s upper stage using the launch tower’s robotic arms. Musk noted that the company will only attempt to catch the Starship spacecraft after two successful soft landings in the ocean. The approach is intended to reduce risk before attempting a recovery over land.

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“Should note that SpaceX will only try to catch the ship with the tower after two perfect soft landings in the ocean. The risk of the ship breaking up over land needs to be very low,” Musk wrote in a post on X.

Such a milestone would represent a major step toward the full reuse of the Starship system, which remains a central goal for SpaceX’s long-term launch strategy.

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