Elon Musk celebrates winning lawsuit over Tesla self-driving claims with embarrassing defense
Elon Musk is celebrating winning a lawsuit over his misleading claims regarding Tesla’s self-driving program.
However, before celebrating, he should take a closer look at the defense his lawyers took: puffery.
By definition, “puffery” refers to exaggerated or false praise. It’s also a legal defense used by defendants in cases of false advertising or misleading statements.
The defendants argue that the statements can’t be taken seriously because they were “mere puff.”
That’s precisely the defense that Tesla and Elon Musk’s lawyers have taken to defend against a shareholder’s lawsuit over Musk’s alleged misleading statements regarding Tesla’s self-driving effort.
Musk said that “justice prevails” when commenting on one of his biggest fans, Sawyer Merritt, celebrating the dismissal of the lawsuit yesterday:
However, when reporting on the dismissal, Musk and his fans didn’t examine the argument his lawyers used to defend him.
Let’s be clear on what Musk is celebrating here: he is celebrating a judge siding with his lawyers, who argued that his misleading statements regarding Tesla’s self-driving effort were simple “corporate puffery” and not “actionable material misrepresentations.”
That’s it.
The lawsuit is full of “corporate puffery” arguments by Tesla’s lawyers:
Defendants argue that the Timeline Statements that FSDC technology “appear[ed] to be on track,” would be available “aspirationally by the end of the year,” and Tesla was “aiming to release [it] this year,” [..] were nonactionable statements of corporate puffery and optimism. […] Plaintiffs contend that the statements provided a “concrete description” of the state of Tesla’s technology in a way that misled investors. […]. These statements about Tesla’s aims and aspirations to develop Tesla’s technology by the end of the year and Musk’s confidence in the development timeline are too vague for an investor to rely on them. […] Thus, in addition to being protected under the PSLRA safe harbor, Statements (10, 11, and 18) are nonactionable puffery.
In a mind-numbing statement, Musk’s lawyers argue that his claims about Tesla Autopilot safety were “vague statements of corporate optimism are not objectively verifiable”:
Defendants also assert that several Safety Statements are corporate puffery. For example, statements that safety is “paramount” (FAC ¶ 325), Tesla cars are “absurdly safe” (id.), autopilot is “superhuman” (FAC ¶ 337), and “we want to get to as close to perfection as possible” (FAC¶363). Mot. at 19. Plaintiffs respond that “super” in “superhuman” is not puffery because it represents that ADT is safer than human and “absurdly safe” conveys greater-than-human safety. Opp. at 12. However, these vague statements of corporate optimism are not objectively verifiable.
The lawyers even argued, successfully, that “no reasonable investor would rely” on many of the alleged misleading statements because they are “mere puffing”:
Defendants next argue that several Timeline and Safety Statements, (Statements 7, 9-11, 13, 16, 18, and 26 FAC 325, 329, 331, 333, 337, 343, 347, 363), are nonactionable statements of corporate puffery and optimism. Mot. at 15, 19. In the Ninth Circuit, “vague, generalized assertions of corporate optimism or statements of ‘mere puffing’ are not actionable material misrepresentations under federal securities laws” because no reasonable investor would rely on such statements.
Therefore, yes, Tesla won a dismissal, but at the cost of a judge agreeing with Musk’s lawyers that his statement about Tesla’s Full Self-Driving effort was “mere puffing.”
Electrek’s Take
Look. They are not wrong. I don’t think many reasonable investors are taking Elon’s words seriously. ‘Reasonable’ is the keyword here.
There are plenty of unreasonable ones who do, though.
I am not well-versed enough in the law to have a strong opinion on this, but you don’t need to be well-versed in the law to read the arguments of Tesla and Elon’s lawyers, who clearly state that Elon’s self-driving claims are just corporate puffing.
It’s funny that Elon is celebrating this victory. He is basically saying, ” Hey, look, I won this court case because the judge agrees that reasonable investors wouldnt believe what I say.”
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China set a new record for clean tech exports in August 2025, hitting $20 billion, according to new data analyzed using Ember’s China Cleantech Exports Data Explorer. The country remains the world’s largest exporter of electrotech, with surging demand for EVs and batteries leading the charge.
EV exports jumped 26% from January through August compared to the same period in 2024, while battery exports rose 23%. Other sectors saw more modest growth – grid technology up 22%, wind up 16%, and heating and cooling systems up 4% – but those gains were offset by a 19% drop in solar PV export value. EVs and batteries are now worth more than double the value of China’s solar PV exports.
This milestone is remarkable because it comes even as technology prices have fallen sharply. Solar panel prices, for example, have plunged more than 80% over the past decade, making them more affordable and driving up global demand. In August alone, China exported 46 gigawatts (GW) of solar PV – more than Australia’s entire installed solar capacity – setting a record in capacity terms. However, their dollar value remains 47% below their March 2023 peak.
Falling prices have fueled growth in new regions. Over half of the increase in China’s EV exports this year came from outside the OECD, with the ASEAN region emerging as a major growth engine. EV exports to ASEAN surged 75% in the first eight months of 2025, mainly driven by Indonesia. The country saw the biggest rise in Chinese EV imports globally this year, becoming the world’s ninth-largest EV market. Battery electric vehicles made up 14% of new car sales in Indonesia in August 2025, up from 9% a year earlier.
Africa is also rapidly adopting Chinese clean tech. From January to August, EV exports to the continent nearly tripled year-over-year (+287%), albeit from a very low base, with Morocco leading growth and Nigeria’s imports soaring sixfold. Latin America and the Caribbean saw an 11% rise, while the Middle East climbed 72%.
Domestically, China’s own adoption of clean tech is accelerating even faster. EVs accounted for 52% of new car sales in August, and in the first half of 2025, China installed more than twice as many solar panels as the rest of the world combined. Ember’s recent China Energy Transition Review attributes this momentum to consistent policy support that’s reshaping the country’s economy and energy system around electrified technologies.
“Demand for clean technologies continues to skyrocket as more and more countries seek their benefits, from low-cost power to cheaper vehicles,” said Ember analyst Euan Graham. “China’s electrotech is becoming the basis of the new energy system, with continued cost reductions driving faster growth than ever, especially in emerging economies.”
Read more: The era of cheap Chinese solar + storage is ending – here’s why
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Environment
This Meta alum has spent 10 months leading OpenAI’s nationwide hunt for its Stargate data centers
Keith Heyde stands on site in Abilene, Texas, where OpenAI’s Stargate infrastructure buildout is underway. Heyde, a former head of AI compute at Meta, is now leading OpenAI’s physical expansion push.
OpenAI
It wasn’t how Keith Heyde envisioned celebrating the holidays. Rather than hanging out with his wife back home in Oregon, Heyde spent late December visiting potential data center sites across the U.S.
Two months earlier, Heyde left Meta to join OpenAI as the head of infrastructure. His job was to turn CEO Sam Altman’s ambitious compute dreams into reality, seeking out vast swaths of land suitable for expansive facilities that will eventually be packed with powerful graphics processing units for building large language models.
“My in-between Christmas and New Year’s last year was actually mostly spent looking at sites,” Heyde, 36, told CNBC in an interview. “So my family loved that, trust me.”
His life in 2025 has only gotten more intense.
Since January, OpenAI has been quietly soliciting and reviewing proposals from around 800 applicants hoping to host the next wave of its Stargate data centers, AI supercomputing hubs designed to train increasingly powerful models.
Roughly 20 sites are now in advanced stages of diligence, with massive tracts of land under review across the Southwest, Midwest and Southeast. Heyde said tax incentives are “a relatively small part of the decision matrix.”
The most important factors are access to power, ability to scale, and buy-in from local communities.
“Can we build quickly, is the power ramp there fast, and is this something where it makes sense from a community perspective?” he said.
Heyde leads site development within OpenAI’s industrial compute team, a division that’s swiftly become one of the most important groups inside the company. Infrastructure, once a supporting function, has now been elevated to a strategic pillar on par with product and model development.
With traditional data centers nearly at max capacity, OpenAI is betting that owning the next generation of physical infrastructure is central to controlling the future of AI.
The energy needs are hard to fathom. A gigawatt data center requires the amount of power needed for some entire cities. Late last month, OpenAI announced plans for a 17-gigawatt buildout in partnership with Oracle, Nvidia, and SoftBank.
New sites will have to include all sorts of energy options, including battery-backed solar installations, legacy gas turbine refurbishments and even small modular nuclear reactors, Heyde said. Each site looks different, but together they form the industrial backbone OpenAI needs to scale.
“We’ve done this wonderful piece of bottleneck analysis to see what types of energy sources actually allow us to unlock the journey that we want to be on,” Heyde said.
A good chunk of the capital is coming from Nvidia. The chipmaker agreed to invest up to $100 billion to fuel OpenAI’s expansion, which will involve purchasing millions of Nvidia’s GPUs.
‘Perfect wasn’t the goal’
Heyde, a former head of AI compute at Meta, helped oversee the buildout of Meta’s first 100,000 GPU cluster.
In addition to power, OpenAI is assessing how quickly it can build on a site, the availability of labor and proximity to supportive local governments, according to Stargate’s request for proposal.
Heyde said the team has made around 100 site visits and has a short list of sites in late-stage review. Some will be brand new builds, and others will require conversions and refurbishments of existing facilities. Flexibility will be key.
“The perfect parcels are largely taken,” Heyde said. “But we knew that perfect wasn’t the goal — the goal for us was, number one, a compelling power ramp.”
Competition is fierce.
Meta is building what may be the largest data center in the Western Hemisphere — a $10 billion project in Northeast Louisiana, fueled by billions in state incentives. CEO Mark Zuckerberg raised the top end of the company’s annual capital expenditure spending range to $72 billion in July.
The steel frame of data centers under construction during a tour of the OpenAI data center in Abilene, Texas, U.S., Sept. 23, 2025.
Shelby Tauber | Reuters
Amazon and Anthropic are teaming up on a 1,200-acre AI campus in Indiana. And across the country, states are rolling out tax breaks, power guarantees, and expedited zoning approvals to attract the next big AI cluster.
OpenAI is a relative upstart, having been around for just a decade and only known to the mainstream since launching ChatGPT less than three years ago. But it’s raised mounds of cash from the likes of Microsoft and SoftBank, in addition to Nvidia, on its way to a $500 billion valuation.
And OpenAI is showing it’s not afraid to lead the way in AI. A self-built solar campus in Abiliene, Texas, is already live.
While OpenAI still leans on partners like Oracle, OpenAI Chief Financial Officer Sarah Friar told CNBC last week in Abilene that owning first-party infrastructure provides a differentiated approach. It curbs vendor markups, safeguards key intellectual property, and follows the same strategic logic that once drove Amazon to build Amazon Web Services rather than rely on existing infrastructure.
However, Heyde indicated that there’s no real playbook when it comes to AI, particularly as companies pursue artificial general intelligence (AGI), or AI that can potentially meet or exceed human capabilities.
“It’s a very different order of magnitude when we think about the type of delivery that has to happen at those locations,” he said.
Some applicants, including former bitcoin mining operators, offered existing power infrastructure, like substations and modular buildouts, but Heyde said those don’t always fit.
“Sometimes we found that it’s almost nice to be the first interaction in a community,” he said. “It’s a very nice narrative that we’re bringing the data center and the infrastructure there on behalf of OpenAI.”
The 20 finalist sites represent phase one of a much larger buildout. OpenAI ultimately plans to scale from single-gigawatt projects to massive campuses.
“Any place or any site we’re moving forward with, we’ve really considered the viability and our own belief that we can deliver the power story and the infrastructure story associated with those sites,” Heyde said.
He understands why many people are skeptical.
“It’s hard. There’s no doubt about it,” Heyde said. “The numbers we’re talking about are very challenging, but it’s certainly possible.”
WATCH: OpenAI’s $850 billion buildout contends with grid limits
There’s a quiet revolution underway in Cadillac showrooms across America. The brand’s renewed “Standard of the World” ambitions are now matched by sleek, statement-making electric vehicles. And, thanks to a little help from Federal tax credit FOMO, more than 40% of new Cadillacs sold in Q3 were 100% electric.
GM’s overall EV sales numbers were up 110% last quarter, climbing to 66,501 units in the US alone on the back of the affordable, 300+ mile Chevy Equinox and 1,000-mile capable (sort of) Silverado EV – but it was Cadillac dealers that saw the biggest growth in EV sales.
As buyers poured into Cadillac dealerships in the last days of the $7,500 Federal EV tax credit, GM’s luxury arm was ready with stylish, new-for-2025 electric vehicles like the Optiq, Vistiq, and Escalade IQ* waiting for them alongside the Lyriq. The result wasn’t just Cadillac’s best third quarter in more than a decade – Cadillac (and GM) is having one of its best sales year, period.
Here’s what the quarter looked like, by the recently-released GM sales numbers.
| EV MODEL | Q3 25/Q3 24 | Q3 25 | Q3 24 | YTD 25/YTD 24 | YTD 25 | YTD 24 |
|---|---|---|---|---|---|---|
| Chevrolet Equinox EV | +156.70% | 25,085 | 9,772 | +389.88% | 52,834 | 10,785 |
| Chevrolet Blazer EV | +1.14% | 8,089 | 7,998 | +36.72% | 20,825 | 15,232 |
| Chevrolet Silverado EV | +97.49% | 3,940 | 1,995 | +78.58% | 9,379 | 5,252 |
| Chevrolet BrightDrop | * | 2,384 | * | * | 3,976 | 0 |
| GMC Hummer EV Pickup | +21.86% | 5,246 | 4,305 | +48.65% | 13,233 | 8,902 |
| GMC Sierra EV | +771.84% | 3,374 | 387 | +1,488.37% | 6,147 | 387 |
| Cadillac Optiq | * | 4,886 | * | * | 9,826 | 0 |
| Cadillac Lyriq | +1.18% | 7,309 | 7,224 | -18.17% | 16,626 | 20,318 |
| Cadillac Vistiq | * | 3,924 | * | * | 5,669 | 0 |
| Cadillac Escalade IQ | * | 2,264 | * | * | 6,030 | 0 |
| Total | +109.91% | 66,501 | 31,681 | +137.44% | 144,545 | 60,876 |
Source: GM Authority / GM Q3 2025 sales report.
That asterisk up there next to the high-rolling Escalade IQ that sold more than 3,900 examples is because, at well over $80,000 even for the most basic model it never qualified for the $7,500 Federal EV tax credit to begin with (nor did the people destined to buy it, who almost certainly make too much to qualify).
It’ll be interesting to see if the loss of that tax credit will do much to negatively impact EV sales in Q4. And that’ll get doubly interesting thanks to the creative accounting team at GM that figured out how to extend that $7,500 tax credit for existing dealer inventory (for a few more months) and that its biggest EV rivals at Hyundai are slashing prices on popular IONIQ models.
You can check out our EIC Fred Lambert’s full review of the new electric Cadillac Escalade in the video, below, and use the following links to find great Cadillac deals near you while that cleverly extended tax credit is still a thing.
Cadillac Escalade IQ review
SOURCE | IMAGES: GM, via GM Authority.
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