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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. 

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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 wins over Netflix’s Selling Sunset star, who’s now ditching his Bentley

Selling Sunset’s Jason Oppenheim swapped his Bentley for a Tesla and promised ten for employees.

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Jason Oppenheim, the luxury real estate broker best known as the star of Netflix’s Selling Sunset, has parked his Bentley for good and moved into a Tesla Model Y, and he says Full Self-Driving (Supervised) is the reason.

Oppenheim, who founded The Oppenheim Group, the Los Angeles brokerage at the center of the show, posted a video to X on Saturday evening that he called “the most important video I’ve ever posted.” In it, he rides from Newport Beach to his firm’s Los Angeles office, a trip he put at roughly an hour and 15 minutes, while FSD handles the drive and parks the car without him touching the wheel or the accelerator. He said he handed the Bentley to his father because he no longer has any use for it.

Tesla shared the clip from its main account on X about two hours later, pulling out the quote that has since spread well beyond the Tesla community:

“[FSD Supervised] is life-changing. I was on the phone with my brother last night, and I made him buy one. He literally bought one while we were talking. I’m buying 10 of my employees a Tesla with FSD. It’s 8x safer than the average driver. There’s nothing more important than the safety of you and your loved ones.”

Oppenheim was candid about why the safety pitch landed with him. He admitted in the video that he is a distracted driver who answers emails and texts behind the wheel, and framed the employee purchases as a way to keep his team off their phones while driving. Elon Musk posted “Tesla FSD feels like magic” less than half an hour after the video went live.

The endorsement lands at a convenient moment for Tesla. The company delivered 486,532 vehicles in Q3, beating Wall Street’s estimates and marking its best quarter ever without the $7,500 federal EV tax credit.

Tesla FSD has been subscription only in the U.S. since February at $99 per month, and Tesla said in its Q2 update that active subscriptions hit 1.48 million, up 56 percent year over year, with more than 55 percent of new North American deliveries leaving with FSD attached. That attach rate is the figure Ron Baron cited last month when he told CNBC “the time to buy the stock is now.” At current pricing, Oppenheim’s 10 employee cars alone would add $990 a month, or about $11,880 a year, in FSD revenue.

Tesla AI head Ashok Elluswamy said in July that FSD had logged more than 12 billion miles while going roughly twice as far between collisions as manual driving. FSD also remains a supervised system, so Oppenheim and his employees are still required to watch the road, even as Tesla rolls out v14.3.10 with Automatic Collision Evasion, which can steer or brake on its own to avoid a frontal crash.

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Elon Musk follows Trump’s lead, says a SpaceX name change is coming

Elon Musk says SpaceXAI will become SpaceXSI, marking its second rebrand in under three months.

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Elon Musk wants to rename his artificial intelligence company again, less than three months after its last rebrand.

In a string of posts on X early Sunday morning, Musk wrote “No more AI,” followed by “SI” and “It’s better.” He then added, “SpaceX is a super intelligence company.” When a user asked whether SpaceXAI could become SpaceXSI, Musk replied, “Yes, we will make that change.”

The posts extend a terminology push that began at the White House last week. On September 29, President Donald Trump signed an executive order directing federal agencies to replace “artificial intelligence” and “AI” with “Super Intelligence” and “SI” on government websites, policy documents and press releases. The same day, Musk sat beside Trump as the heads of the largest AI companies signed a voluntary safety accord, as Teslarati reported. Speaking to reporters afterward, Musk caught himself mid sentence: “I think it is worth highlighting the positive benefits of A.I. … S.I., pardon me.”

Elon Musk and Trump are closer than ever, and Tesla could be the big winner

SpaceXSI would be the third name for the business since February. SpaceX acquired xAI on February 2 in a deal that valued the combined company at $1.25 trillion. In May, Musk said xAI would be dissolved as a separate company, and on July 6 the division adopted the SpaceXAI name and a new logo that placed the xAI letters inside the SpaceX identity.

Musk gave no timeline. He did not say whether SpaceXSI would be a legal name change or a branding update, whether the @SpaceXAI handle on X would change, or how the shift would apply to products like Grok. The company had not issued a formal announcement as of Sunday morning.

The change would reach well beyond a chatbot. SpaceXAI now houses Grok, the X platform, the Colossus training clusters in Memphis and the coding tool Cursor, which SpaceX acquired in August. It also runs the orbital compute effort SpaceX is building around Nvidia hardware, which Musk said during the company’s first earnings call would be exclusive to Nvidia.

It’s unclear if rivals like Anthropic, OpenAI, Google, Meta and Nvidia have plans to also rename their companies or products. OpenAI CEO Sam Altman has continued to say “AI” in public, while Nvidia CEO Jensen Huang has gone partway, describing data centers as “super intelligence factories.”

The rename would also line up SpaceX’s AI branding with the federal government’s language as Musk takes on a new advisory role at the Pentagon, where he is helping lead the Project Meridian study on the future of warfare.

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Starlink launches Communities Program for passive income through internet sharing

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(Credit: Starlink | X)

Starlink is launching a new beta path for ordinary property owners and local operators to turn a single Starlink kit into a small shared-access business for passive income.

Under the Starlink for Communities program, a host installs one dish and router setup in a location with nearby demand: an apartment complex, campground, rural crossroads, or event site. Neighbors or local users can buy short-term passes rather than full individual subscriptions, giving the Starlink provider a potential path to passive income.

Hour, day, and week passes cover one device. A month pass covers up to four. Starlink handles account creation, payments, access controls, and the satellite link itself. The host’s role is mainly placement, power, and basic upkeep, with earnings tied to each paid connection.

The model echoes the passive-income vision long attached to Tesla’s Robotaxi plans, and it seems like it’s something Musk has hinted toward in the past as he believes AI will make the need to work relatively optional. In both cases, the platform owns the hard parts of matching, billing, and network management, while an individual supplies a physical asset that sits idle much of the time.

A Starlink host’s dish can serve multiple nearby users without each household buying and installing its own terminal. A Tesla owner, under the stated Robotaxi concept, would leave a vehicle enrolled in the fleet during unused hours so the car generates rides while the owner is at work or asleep.

Both arrangements convert under-utilized hardware into a revenue stream. They also let the company scale coverage or capacity without owning every endpoint.

Differences are practical. A Starlink kit is a fixed, relatively low-cost terminal whose main constraint is local congestion and line-of-sight. A Tesla Robotaxi is a mobile, high-value vehicle whose earnings depend on demand density, utilization rates, insurance, cleaning, and charging.

Starlink’s program is already accepting host applications in multiple countries and describes the revenue split as ongoing. Tesla’s owner-network version remains more aspirational.

The company currently operates a limited company-controlled robotaxi service in select areas and has solicited interest from fleet buyers for Cybercab vehicles, while private Full Self-Driving owners have not yet been able to dispatch their own cars for paid rides at scale.

Tesla primes Cybercabs for 4K streaming and high bandwidth gaming with Starlink integration

Starlink is a satellite broadband service operated by SpaceX that uses a constellation of low-Earth-orbit satellites to deliver internet to locations where terrestrial broadband is slow, expensive, or absent. It has grown to millions of subscribers worldwide by selling direct residential, mobile, and enterprise terminals, and have become widely available at a wide array at retail locations like Target and Best Buy.

The Communities program extends that reach by letting hosts resell short bursts of capacity to people nearby, while also providing high-speed internet access to those who are simply around a Starlink user.

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