Connect with us

News

Tesla Model 3 production lawsuit definitively dumped in appeals court

(Photo: Andres GE)

Published

on

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. 

Advertisement

“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.

Advertisement

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.

Advertisement
Comments

News

Tesla plans to resolve its angriest bunch of owners: here’s how

Since the rollout of the AI4 chip in Tesla vehicles, owners with the last generation self-driving chip, known as Hardware 3, have been persistent in their quest for a solution to their issue: they were told their cars were capable of unsupervised Full Self-Driving. It turns out the cars are not.

Published

on

tesla-asia-model-3
Credit: Tesla Asia/Twitter

Tesla has a plan to make Hardware 3 owners whole after CEO Elon Musk admitted that those with that self-driving chip in their cars will not have access to unsupervised Full Self-Driving.

The company’s strategy is so crazy that it is sort of hard to believe.

Since the rollout of the AI4 chip in Tesla vehicles, owners with the last generation self-driving chip, known as Hardware 3, have been persistent in their quest for a solution to their issue: they were told their cars were capable of unsupervised Full Self-Driving. It turns out the cars are not.

During the Tesla Q1 earnings call on Wednesday, Musk finally clarified what the company’s plans are for Hardware 3 owners, what they will be offered, and what Tesla will have to do internally to prepare for it.

The answer was somewhat mind-boggling.

Musk said:

“Unfortunately, Hardware 3 — I wish it were otherwise, but Hardware 3 simply does not have the capability to achieve unsupervised FSD. We did think at one point it would have that, but relative to Hardware 4, it has only 1/8 of the memory bandwidth of Hardware 4. And memory bandwidth is one of the key elements needed for unsupervised FSD.”
He continued, stating that HW3 owners would have the opportunity to trade their cars in at a discounted rate in order to get the AI4 chip:

“So for customers that have bought FSD, what we’re offering is essentially a trade-in — like a discounted trade-in for cars that have AI4 hardware, and we’ll also be offering the ability to upgrade the car, to replace the computer. And you also need to replace the cameras, unfortunately, to go to Hardware 4.”
Obviously, Tesla has a lot of people to work with and make this whole thing right. Musk was adamant that HW3 would be capable of FSD, and now that the company has finally admitted that it is not, there are some things that could come of this.

There has been open talk about some sort of class action lawsuit against Tesla. The promises that Tesla made previously could be considered a breach of contract or even false advertising, and that’s according to Grok, Musk’s own AI program.

Musk went on to say that Tesla would likely have to establish new microfactories to effectively and efficiently replace HW3 computers and cameras:

…So to do this efficiently, we’re going to have to set up, like kind of micro factories or small factories in major metropolitan areas in order to do it efficiently. Because if it’s done just at the service center, it is extremely slow to do so and inefficient. So we basically need like many production lines to make the change.”
This is going to be an extremely costly process, especially if Tesla has to buy real estate, properties, and equipment to complete this work. Additionally, there was no wording on pricing, but Musk never said it would be free. It will likely come with some kind of price tag, and HW3 owners, after being left hanging for so long, will have something to say about that.

Advertisement



Continue Reading

Elon Musk

SpaceX just got pulled into the biggest Weapons Program in U.S. history

SpaceX joins the Golden Dome software group, deepening its role in America’s most expensive defense program.

Published

on

By

US Golden Dome space defense system (Concept render by Grok)

SpaceX has joined a nine-company group developing the core operating software for the Golden Dome, America’s next-generation missile defense system. According to a Bloomberg report, SpaceX is focused on integrating satellite communications for military operations and is working alongside eight other defense and artificial intelligence companies, including Anduril Industries, Palantir Technologies, and Aalyria Technologies, to build software connecting missile defense capabilities.

The Golden Dome concept dates back to President Trump’s 2024 campaign, and on January 27, 2025, he signed an executive order directing the U.S. Armed Forces to construct the system before the end of his term. The system is planned to employ a constellation of thousands of satellites equipped with interceptors, with data centers in space providing automated control through an AI network.

FCC accepts SpaceX filing for 1 million orbital data center plan

Space Force Gen. Michael Guetlein, director of the Golden Dome initiative, has described the software layer as a “glue layer” that would enable officers to manage and control radars, sensors, and missile batteries across services. The consortium is aiming to test the platform this summer.

Trump selected a design in May 2025 with a $175 billion price tag, expected to be operational by the end of his term in 2029, though the Congressional Budget Office projected the cost could reach $831 billion over two decades.

The Golden Dome role is only the latest in a string of military wins for SpaceX. As Teslarati reported, the U.S. Space Force awarded SpaceX a $178.5 million task order on April 1, 2026 to launch missile tracking satellites for the Space Development Agency, covering two Falcon 9 launches beginning in Q3 2027. That came on top of more than $22 billion in government contracts held by SpaceX as of 2024, per CEO Gwynne Shotwell, spanning NASA resupply missions, classified intelligence satellites through its Starshield program, and military broadband.

The accumulation of defense contracts, now including a seat at the table on the most expensive weapons program in U.S. history, positions SpaceX as the dominant infrastructure provider for American national security in space. With a SpaceX IPO still on the horizon, each new contract adds weight to what is already one of the most consequential companies in aerospace history, raising real questions about how much of America’s defense architecture will depend on a single private operator before it ever trades publicly.

Continue Reading

News

Tesla pulls back the curtain on Cybercab mass production

Tesla’s Cybercab drives itself off the Gigafactory Texas line in a striking new production video.

Published

on

By

Tesla Cybercab production units rolling off the factory line in Gigafactory Texas (Credit: Tesla)

Tesla has provided a first look from inside a production Cybercab as it drove itself off the assembly line at Gigafactory Texas. The video footage, posted on X, opens on the factory floor with robotic arms and assembly equipment visible through the Cybercab windshield, and follows the car through a branded tunnel marked “Cybercab”, before autonomously navigating itself to a holding lot.

The first Cybercab rolled off the Giga Texas production line on February 17, 2026, with Musk writing on X, “Congratulations to the Tesla team on making the first production Cybercab.” April marked the official shift to volume production. The Giga Texas line is being prepared to produce hundreds of units per week, with 60 units already spotted on the Gigafactory campus earlier this month.


The Cybercab was first revealed publicly at Tesla’s “We, Robot” event in October 2024 at Warner Bros. Studios in Burbank, California, where 20 pre-production units gave attendees rides around the studio lot. Musk said he believed the average operating cost would be around $0.20 per mile, and that buyers would be able to purchase one for under $30,000. The two-seat design is deliberate. Musk noted that 90 percent of miles driven involve one or two people, making a compact two-passenger vehicle the most efficient configuration for a fleet-scale robotaxi. Eliminating rear seats also removes complexity and cost, supporting that sub-$30,000 target.

Tesla’s annual production goal is 2 million Cybercabs per year once several factories reach full design capacity. The Cybercab has no steering wheel, no pedals, and relies entirely on Tesla’s vision-based FSD system. What the video shows is the first evidence of that system working not as a demo, but as a production reality, driving itself off the line and into the world.

Continue Reading