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.
-
Don’t hesitate to contact us for news tips. Just send a message to tips@teslarati.com to give us a heads up.
Featured
Tesla finally got its Nevada Robotaxi Permit but with a few catches hard to miss
Nevada granted Tesla’s robotaxi permit, but capped the fleet at just ten vehicles for now.
Tesla has received its robotaxi permit in Nevada, more than two months after regulators closed the public comment period on the company’s application. News of the approval surfaced Wednesday night when Tesla investor and longtime company watcher Sawyer Merritt posted a copy of the interim order, and the Nevada Transportation Authority’s own carrier registry now lists the permit, AVNC Permit 002 under Docket 26-05015, as active for Tesla Robotaxi, LLC.
Tesla asked Nevada in June for authority to run up to 5,000 vehicles in Clark County within a year, however the permit the NTA issued is initially capping Tesla at ten fully autonomous vehicles and confines them to a defined geofence along the Las Vegas Strip corridor. Any expansion of that operating area, or any increase to the fleet size, requires the NTA’s approval first.
Tesla has received its Autonomous Vehicle Network Company permit in Nevada.
The Nevada Transportation Authority says that operations are limited to a maximum fleet of 10 fully autonomous vehicles and shall be conducted only within the Authority-approved Operational Design… https://t.co/Cxfd6GIfDk pic.twitter.com/iOO6wSZkHF
— Sawyer Merritt (@SawyerMerritt) August 13, 2026
The order also sets rules that look more restrictive than what Tesla runs in Austin. Rides are barred on roads with posted speed limits above 45 miles per hour, pickups are off limits within a quarter mile of Harry Reid International Airport without separate authorization, and every vehicle has to carry visible “Robotaxi” markings while notifying riders before each trip that no one is driving. The order also requires “appropriate human supervision”, language that suggests Nevada isn’t ready to let Tesla offer the rides without a safety monitor that it has run in parts of Austin since January. As with standard protocol with robotaxi services, Tesla must report any accident, system failure, or vehicle that becomes stranded on a Nevada road within five business days.
Tesla is entering a market Nevada already knows well. Zoox, the Amazon owned robotaxi company, has run its own autonomous vehicle permit in the state since last year, building up to roughly 100 vehicles and 350,000 rides along the Strip. That history likely explains why the NTA started Tesla at ten cars rather than the fleet size the company asked for. The agency has a template for scaling a permit up once a company proves out its safety record.
Tesla’s Nevada application first surfaced in June, when the company filed for the permit alongside plans for a maintenance hub in southwest Las Vegas. The company has said it won’t meaningfully scale its robotaxi fleet anywhere until FSD v15 ships, expected in late 2026 or early 2027, which makes the ten vehicle cap less of a constraint today than it might look on paper. For now, Tesla has the legal right to start Nevada rides. Whether it starts before FSD v15 arrives is a separate question the permit doesn’t answer.
Tesla Energy has introduced the Powerwall Lease in conjunction with Tesla Electric, making the service available in Texas. This new option delivers whole-home backup power using two Powerwall units for a net monthly cost of $35 after credits, accompanied by a low fixed electricity rate.
Under the lease terms, customers pay a one-time order fee of $100. The base lease payment for the two Powerwalls is approximately $122 per month during the first year, subject to a 3 percent annual escalator thereafter. Enrollment in a qualifying Tesla Electric Backup plan or Virtual Power Plant plan provides an $87 monthly credit.
Powerwall Lease is now available with Tesla Electric in Texas
Whole-home backup for $35/month, with a low fixed electricity rate
– Two Powerwalls, $0 installation
– Storm Watch outage protection
– One app to manage it all pic.twitter.com/oTzqc6K3aF— Tesla Energy (@teslaenergy) August 13, 2026
This credit lowers the effective cost to roughly $35 per month plus applicable tax.
Installation of the standard system carries no additional charge. The package features Storm Watch for outage protection and allows complete management through a single Tesla application. The system supplies continuous whole-home backup capability.
The Powerwall system enables households to maintain electricity during severe storms that disrupt the utility grid. When outages occur, the batteries automatically provide seamless backup power to the home.
Tesla announces 100k Powerwalls are participating in Virtual Power Plants
Tesla Storm Watch monitors weather forecasts and ensures the units are fully charged ahead of anticipated severe weather events so that power remains available throughout the disruption, keeping lights, refrigeration, and other essential systems operating without interruption.
Availability is restricted to select Texas locations where retail electric choice exists. Participants must lease exactly two Powerwall units and maintain continuous enrollment with Tesla Electric. Solar panels cannot be included under this particular lease arrangement.
The monthly credit activates automatically once the system is installed, receives permission to operate, and enrollment is confirmed. To retain the credit, customers are required to stay enrolled in Tesla Electric and fulfill all program conditions.
Nonstandard installations that involve electrical upgrades or special permitting may lead to extra expenses and might impact eligibility for the credit, so be sure to check with either your installer or Tesla to ensure you will still qualify.
Elon Musk continues to tease the unveiling event for the Tesla Roadster, a continuing trend that has grown into a bigger game of “When” for fans who have been waiting years for the car to finally enter production.
A video shared on X of the Joe Rogan Experience podcast that Musk appeared on last year, teasing the Roadster unveiling, was shared once again on the social media platform. The poster said the Roadster event will be “unforgettable.”
Musk agreed:
Yes
— Elon Musk (@elonmusk) August 12, 2026
The timing is interesting because just yesterday, Musk said that we will be getting flying cars, and for years, Tesla has hinted that it could develop a SpaceX cold gas thruster package that would help the car float or fly for a short period of time.
It would be reasonable to assume Tesla’s major delays with this unveiling event are likely caused by the company’s need to break the rules and push the envelope on nearly everything. Last July, Lars Moravy, Tesla’s VP of Vehicle Engineering, said:
“Roadster is definitely in development. We did talk about it last Sunday night. We are gearing up for a super cool demo. It’s going to be mind blowing. We showed Elon some cool demos last week of the tech we’ve been working on and he got a little excited.”
The latest updates that Tesla has given us are that the Roadster is in design development, and it did have several potential dates for an unveiling event this year, including April. It was then pushed to August.
However, there are no clues as to when Tesla will be ready, and fans are certainly getting frustrated with the delays.
For what it is worth, Franz von Holzhausen told Jay Leno this week that the event would be “very soon.”
We sure hope.
Tesla finally got its Nevada Robotaxi Permit but with a few catches hard to miss
Tesla launches Powerwall Lease for affordable home backup
