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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

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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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Why automakers keep turning down Elon Musk’s Tesla Full Self-Driving offer

Elon Musk confirms no automaker has ever accepted Tesla’s offer to license Full Self-Driving software.

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Elon Musk gave a brief answer on X Monday that confirmed that Tesla’s standing offer to license Full Self-Driving to other automakers still has zero takers. Sawyer Merritt wrote that “Tesla has for years openly invited other automakers to license FSD. None of them have accepted,” responding to a prediction from Boom Supersonic founder Blake Scholl that Tesla would eventually open FSD the way it opened its Supercharger network to rival brands. Musk’s reply to Merritt was one word: “Exactly.”

It is not the first time Musk has made this point. He said something similar in November, when he called legacy automakers reluctance to adopt FSD “crazy,” and Tesla has floated the offer publicly since at least 2021. Scholl’s prediction touches on something real. Once NACS became the de facto charging standard, adoption from Ford, GM, Rivian and others followed within about a year. FSD licensing was supposed to work the same way once Tesla built enough of a lead that switching made sense for everyone.

The case for licensing now is stronger than it was two years ago. Waymo and Zoox are logging hundreds of thousands of unsupervised autonomous miles, along with Tesla’s own Robotaxi fleet. Every automaker still selling driver assist systems that lag FSD has given the robotaxi conversation to Tesla, Waymo and Zoox by default. Licensing FSD would let a GM or a Ford compete on the same field without spending a decade and billions of dollars building a stack from scratch, the same argument Tesla made when it opened the Supercharger network to bring more EVs onto its chargers.

But FSD is not a connector standard. As one reply to Musk’s post pointed out, licensing FSD is not a software license the way NACS was a plug spec. It requires adopting Tesla’s eight camera layout and its onboard compute architecture, meaning a licensee’s cars would effectively become Tesla hardware wearing someone else’s badge. That is the visible obstacle. The less visible one is data. A licensed FSD stack would report back the same telemetry Tesla collects from its own fleet, giving Tesla a continuous read on how a competitor’s cars are actually driven, where they struggle, and how often drivers intervene. For an automaker trying to build its own autonomy program, or simply trying to keep its build quality and safety record private, handing Tesla that visibility could be a bigger cost than the hardware bill. It is the reason the Supercharger comparison only goes so far. Opening a charging plug cost Tesla very little. Opening FSD would cost a rival something it cannot get back.

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Tesla Roadster is available for order once again following brief hold

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(Credit: luxunsheep/Instagram)

Tesla has reopened reservations for its long-delayed next-generation Roadster, asking buyers for a $50,000 deposit just days before an October 1 reveal event in Waco, Texas. The move revives a reservation process first launched in 2017 and later paused when Tesla pulled pricing from its website in 2021.

The reservation page requires an immediate $5,000 credit-card payment, described as fully refundable, followed by a $45,000 wire transfer due within 10 days, which is identical to what was expected previously. Reservations are not considered final until the wire clears.

The structure matches the 2017 terms Tesla used when it first collected deposits after unveiling a prototype. Tesla has not published a confirmed retail price or production start date on the order page.

The October 1 event is scheduled in Waco, about 90 minutes north of Tesla’s Austin headquarters and near SpaceX’s McGregor rocket test site. Tesla sent invitations to existing reservation holders and posted a “Go for launch” teaser on September 12.

The Federal Aviation Administration (FAA) established a temporary flight restriction over the McGregor area from September 18 through October 2, consistent with plans for a demonstration involving SpaceX-designed cold-gas thrusters. Elon Musk has previously described the optional package as enabling extreme acceleration or brief hovering. Tesla has said the event will include pricing, specifications, and production targets.

The second-generation Roadster was first shown in November 2017 during Tesla’s Semi launch. Musk promised production in 2020, with claimed performance of 0-60 mph in 1.9 seconds, more than 250 mph top speed, and roughly 620 miles of range.

Those targets have slipped repeatedly.

Tesla later pointed to 2022, 2023, 2024, and 2025-2026 before indicating production would not begin until 2027 or 2028 at Gigafactory Texas. Design work has continued, with reports of a sharper, Cybertruck-influenced look replacing the original curvy prototype.

Original reservation holders who paid $50,000 in 2017, or $250,000 for the Founders Series, have waited nearly nine years without a production car. Some high-profile customers canceled. Tesla’s decision to reopen orders now, after previously shutting them down, tests whether new buyers will commit substantial funds before seeing a finalized production vehicle. The October 1 event is intended to answer remaining questions about what those buyers will actually receive and when.

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Tesla Full Self-Driving expands to another European country

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Credit: Tesla

Tesla’s Full Self-Driving (Supervised) is heading to Czechia after the Czech Ministry of Transport recognised the Dutch RDW’s provisional type approval, making the country the seventh EU member state to clear the system for public roads. Tesla Europe announced on 21 September 2026 that “FSD Supervised is now approved in Czechia” and that rollout “will begin soon.”

The decision marks a notable reversal. Earlier in 2026, Prague had declined to automatically recognise the Netherlands’ April approval, citing concerns over speed-limit compliance, traffic-sign recognition and driver-attention monitoring, and arguing that a coordinated EU approach was preferable. Officials said months of expert review, talks with Tesla and other member states, and real-world data from countries already using the system resolved those issues.

“Safety remains the top priority,” the ministry stated.

FSD Supervised remains a Level 2 driver-assistance system: the driver must stay engaged and is legally responsible. Eligible vehicles need AI4, the company’s most up-to-date hardware version. Tesla is expected to push the feature over the air in the coming days, following the pattern seen after earlier national approvals.

Europe’s rollout began when Dutch regulator RDW issued a provisional EU type approval on 10 April 2026 after extensive testing. Mutual recognition then produced a rapid cascade: Lithuania (20 May), Estonia (29 May), Denmark (9 June), Belgium (10 June) and Slovenia (7 September). Czechia now completes that list of seven.

The approvals cover only a modest share of the EU population, but they add political weight ahead of a 6 October vote by the Technical Committee on Motor Vehicles. A qualified majority, at least 15 of 27 member states representing 65 percent of the EU population, could open the remaining markets, including large ones such as Germany, France, Italy and Spain that have so far preferred to wait for a bloc-wide decision.

For Czech Tesla owners, the immediate prize is access to the same supervised highway and city driving already available in the other six countries. For Tesla, each new market generates additional European driving data and strengthens the case that FSD Supervised can operate safely under the continent’s varied road rules. The Czech approval is therefore both a local milestone and another incremental step toward a wider European launch.

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