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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. 

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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.

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 launches its new branded Supercharger for Business with first active station

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Credit: Tesla

Tesla has officially launched its first branded Supercharger just months after initiating a new program that allows third-party companies to brand their own charging piles.

The site opened in Land O’ Lakes, Florida, and features eight V4 Supercharging stalls offering up to 325 kW of charging speed. It appears it was purchased by a company called Suncoast Credit Union. This particular branch is located Northeast of Tampa, which is on the Gulf of Mexico.

It features graphics of Florida animals, like alligators:

Tesla launched this program back in September, and it basically was a way to expand its Supercharger presence and also allow companies to pay for the infrastructure. Tesla maintains it. When it announced the “Supercharger for Business,” it said:

“Purchase and install Superchargers at your business. Superchargers are compatible with all electric vehicles, bringing EV drivers to your business by offering convenient, reliable charging.”

The program does a few things. Initially, it expands EV charging infrastructure and makes charging solutions more readily available for drivers. It can also attract people to those businesses specifically.

Tesla launches new Supercharger program that business owners will love

The chargers can also be branded with any logo that the business chooses, which makes them more personalized and also acts as an advertisement.

The best part is that the customers do not have to maintain anything about the Supercharger. Tesla still takes care of it and resolves any issues:

“We treat your site like we treat our sites. By providing you with a full-service package that includes network operations, preventative maintenance, and driver support, we’re able to guarantee 97% uptime–the highest in the industry.”

It appears the Superchargers will also appear within the in-car nav during routing, so they’ll be publicly available to anyone who needs to use them. They are still available to all EVs that have worked with Tesla to utilize its infrastructure, and they are not restricted to people who are only visiting the business.

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Tesla reveals its Cybertruck light bar installation fix

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u/Kruzat, see page for license, via Wikimedia Commons

Tesla has revealed its Cybertruck light bar installation fix after a recall exposed a serious issue with the accessory.

Tesla and the National Highway Traffic Safety Administration (NHTSA) initiated a recall of 6,197 Cybertrucks back in October to resolve an issue with the Cybertruck light bar accessory. It was an issue with the adhesive that was provided by a Romanian company called Hella Romania S.R.L.

Tesla recalls 6,197 Cybertrucks for light bar adhesive issue

The issue was with the primer quality, as the recall report from the NHTSA had stated the light bar had “inadvertently attached to the windshield using the incorrect surface primer.”

Instead of trying to adhere the light bar to the Cybertruck with an adhesive, Tesla is now going to attach it with a bracketing system, which will physically mount it to the vehicle instead of relying on adhesive strips or glue.

Tesla outlines this in its new Service Bulletin, labeled SB-25-90-001, (spotted by Not a Tesla App) where it shows the light bar will be remounted more securely:

The entire process will take a few hours, but it can be completed by the Mobile Service techs, so if you have a Cybertruck that needs a light bar adjustment, it can be done without taking the vehicle to the Service Center for repair.

However, the repair will only happen if there is no delamination or damage present; then Tesla could “retrofit the service-installed optional off-road light bar accessory with a positive mechanical attachment.”

The company said it would repair the light bar at no charge to customers. The light bar issue was one that did not result in any accidents or injuries, according to the NHTSA’s report.

This was the third recall on Cybertruck this year, as one was highlighted in March for exterior trim panels detaching during operation. Another had to do with front parking lights being too bright, which was fixed with an Over-the-Air update last month.

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Tesla is already expanding its Rental program aggressively

The program has already launched in a handful of locations, specifically, it has been confined to California for now. However, it does not seem like Tesla has any interest in keeping it restricted to the Golden State.

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Credit: Grok

Tesla is looking to expand its Rental Program aggressively, just weeks after the program was first spotted on its Careers website.

Earlier this month, we reported on Tesla’s intention to launch a crazy new Rental program with cheap daily rates, which would give people in various locations the opportunity to borrow a vehicle in the company’s lineup with some outrageous perks.

Along with the cheap rates that start at about $60 per day, Tesla also provides free Full Self-Driving operation and free Supercharging for the duration of the rental. There are also no limits on mileage or charging, but the terms do not allow the renter to leave the state from which they are renting.

The program has already launched in a handful of locations, specifically, it has been confined to California for now. However, it does not seem like Tesla has any interest in keeping it restricted to the Golden State.

Job postings from Tesla now show it is planning to launch the Rental program in at least three new states: Texas, Tennessee, and Massachusetts.

The jobs specifically are listed as a Rental Readiness Specialist, which lists the following job description:

“The Tesla Rental Program is looking for a Rental Readiness Specialist to work on one of the most progressive vehicle brands in the world. The Rental Readiness Specialist is a key contributor to the Tesla experience by coordinating the receipt of incoming new and used vehicle inventory. This position is responsible for fleet/lot management, movement of vehicles, vehicle readiness, rental invoicing, and customer hand-off. Candidates must have a high level of accountability, and personal satisfaction in doing a great job.”

It also says that those who take the position will have to charge and clean the cars, work with clients on scheduling pickups and drop-offs, and prepare the paperwork necessary to initiate the rental.

The establishment of a Rental program is big for Tesla because it not only gives people the opportunity to experience the vehicles, but it is also a new way to rent a car.

Just as the Tesla purchasing process is more streamlined and more efficient than the traditional car-buying experience, it seems this could be less painful and a new way to borrow a car for a trip instead of using your own.

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