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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. 

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“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.

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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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Lucid unveils Lunar Robotaxi in bid to challenge Tesla’s Cybercab in the autonomous ride hailing race

Lucid’s Lunar robotaxi is gunning for Tesla’s Cybercab in the autonomous ride hailing race

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Lucid Lunar robotaxi concept [Credit: Rendering by TESLARATI]

Lucid Group pulled back the curtain on its purpose-built autonomous robotaxi platform dubbed the Lunar Concept. Announced at its New York investor day event, Lunar is arguably the company’s most ambitious concept yet, and a direct line of sight toward the autonomous ride haling market that Tesla looks to control.

At Lucid Investor Day 2026, the company introduced Lunar, a purpose-built robotaxi concept based on the Midsize platform.

A comparison to Tesla’s Cybercab is unavoidable. The concept of a Tesla robotaxi was first introduced by Elon Musk back in April 2019 during an event dubbed “Autonomy Day,” where he envisioned a network of self-driving Tesla vehicles transporting passengers while not in use by their owners. That vision took another major step in October 2024 when, Musk unveiled the Cybercab at the Tesla “We, Robot” event held at Warner Bros. Studios in Burbank, California, where 20 concept Cybercabs autonomously drove around the studio lot giving rides to attendees.

Tesla unveils the Robovan at ‘We, Robot’ event

Fast forward to today, and Tesla’s ambitions are finally materializing, but not without friction. As we recently reported, the Cybercab is being spotted with increasing frequency on public roads and across the grounds of Gigafactory Texas, suggesting that the company’s road testing and validation program is ramping meaningfully ahead of mass production. Tesla already operates a small scale robotaxi service in Austin using supervised Model Ys, but the Cybercab is designed from the ground up for high-volume, low-cost production, with Musk stating an eventual goal of producing one vehicle every 10 seconds.

At Lucid Investor Day 2026, the company introduced Lunar, a purpose-built robotaxi concept based on the Midsize platform.

Into this landscape steps Lucid’s Lunar. Built on the company’s all-new Midsize EV platform, which will also underpin consumer SUVs starting below $50,000. The Lunar mirrors the Cybercab’s core philosophy of having two seats, no driver controls, and a focus on fleet economics. The platform introduces Lucid’s redesigned Atlas electric drive unit, engineered to be smaller, lighter, and cheaper to manufacture at scale.

Unlike Tesla’s strategy of building its own ride hailing network from scratch, Lucid is partnering with Uber. The companies are said to be in advanced discussions to deploy Midsize platform vehicles at large scale, with Uber CEO Dara Khosrowshahi publicly backing Lucid’s engineering credentials and autonomous-ready architecture.

In the investor day event, Lucid also outlined a recurring software revenue model, with an in-vehicle AI assistant and monthly autonomous driving subscriptions priced between $69 and $199. This can be seen as a nod to the software revenue stream that Tesla has long championed with its Full Self-Driving subscription.

Tesla’s Cybercab is targeting a price point below $30k and with operating costs as low as 20 cents per mile. But with regulatory hurdles still ahead, the window for competition is open. Lucid’s Lunar may not have a launch date yet, but it arrives at a pivotal moment, and when the robotaxi race is no longer viewed as hypothetical. Rather, every serious EV player needs to come to bat on the same plate that Tesla has had countless practice swings on over the last seven years.

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Brazil Supreme Court orders Elon Musk and X investigation closed

The decision was issued by Supreme Court Justice Alexandre de Moraes following a recommendation from Brazil’s Prosecutor-General Paulo Gonet.

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Gage Skidmore, CC BY-SA 4.0 , via Wikimedia Commons

Brazil’s Supreme Federal Court has ordered the closure of an investigation involving Elon Musk and social media platform X. The inquiry had been pending for about two years and examined whether the platform was used to coordinate attacks against members of the judiciary.

The decision was issued by Supreme Court Justice Alexandre de Moraes following a recommendation from Brazil’s Prosecutor-General Paulo Gonet.

According to a report from Agencia Brasil, the investigation conducted by the Federal Police did not find evidence that X deliberately attempted to attack the judiciary or circumvent court orders.

Prosecutor-General Paulo Gonet concluded that the irregularities identified during the probe did not indicate fraudulent intent.

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Justice Moraes accepted the prosecutor’s recommendation and ruled that the investigation should be closed. Under the ruling, the case will remain closed unless new evidence emerges.

The inquiry stemmed from concerns that content on X may have enabled online attacks against Supreme Court justices or violated rulings requiring the suspension of certain accounts under investigation.

Justice Moraes had previously taken several enforcement actions related to the platform during the broader dispute involving social media regulation in Brazil.

These included ordering a nationwide block of the platform, freezing Starlink accounts, and imposing fines on X totaling about $5.2 million. Authorities also froze financial assets linked to X and SpaceX through Starlink to collect unpaid penalties and seized roughly $3.3 million from the companies’ accounts.

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Moraes also imposed daily fines of up to R$5 million, about $920,000, for alleged evasion of the X ban and established penalties of R$50,000 per day for VPN users who attempted to bypass the restriction.

Brazil remains an important market for X, with roughly 17 million users, making it one of the platform’s larger user bases globally.

The country is also a major market for Starlink, SpaceX’s satellite internet service, which has surpassed one million subscribers in Brazil.

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FCC chair criticizes Amazon over opposition to SpaceX satellite plan

Carr made the remarks in a post on social media platform X.

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Credit: @SecWar/X

U.S. Federal Communications Commission (FCC) Chairman Brendan Carr criticized Amazon after the company opposed SpaceX’s proposal to launch a large satellite constellation that could function as an orbital data center network.

Carr made the remarks in a post on social media platform X.

Amazon recently urged the FCC to reject SpaceX’s application to deploy a constellation of up to 1 million low Earth orbit satellites that could serve as artificial intelligence data centers in space.

The company described the proposal as a “lofty ambition rather than a real plan,” arguing that SpaceX had not provided sufficient details about how the system would operate.

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Carr responded by pointing to Amazon’s own satellite deployment progress.

“Amazon should focus on the fact that it will fall roughly 1,000 satellites short of meeting its upcoming deployment milestone, rather than spending their time and resources filing petitions against companies that are putting thousands of satellites in orbit,” Carr wrote on X.

Amazon has declined to comment on the statement.

Amazon has been working to deploy its Project Kuiper satellite network, which is intended to compete with SpaceX’s Starlink service. The company has invested more than $10 billion in the program and has launched more than 200 satellites since April of last year.

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Amazon has also asked the FCC for a 24-month extension, until July 2028, to meet a requirement to deploy roughly 1,600 satellites by July 2026, as noted in a CNBC report.

SpaceX’s Starlink network currently has nearly 10,000 satellites in orbit and serves roughly 10 million customers. The FCC has also authorized SpaceX to deploy 7,500 additional satellites as the company continues expanding its global satellite internet network.

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