1/ The last time Elon Musk faced a defamation claim, he richly deserved to lose. He smeared a true hero, Vernon Unsworth, calling him a pedophile. Some might suspect projection on Musk's part...
2/ Unfortunately, Unsworth hired L. Lin Wood (I'm now blocked by Wood, but his Twitter handle is @LLinWood).
The choice was not illogical. Wood had settled many high-profile defamation cases, though it appeared he tried few, if any.
3/ Wood's work in pretrial briefing and discovery was impressive. He survived various efforts to dismiss the case, and developed a powerful body of evidence for trial.
4/ At trial, though, it was a different story. From the very start, it was almost as if Wood decided to sabotage the case. He delegated a rookie to make the opening statement. It was fumbling, stumbling, incoherent...
5/ Then, he failed to call his client as his first witness. So, instead of having Vern Unsworth establish who he was to the jury, and lay out the case in a coherent manner, Wood had Elon Musk make total hash of the facts & chronology.
6/ Did I say it was almost as if Wood decided to sabotage the case? Almost?? I can think of no other explanation. Surely he's not that incompetent, is he?
7/ Or, perhaps, Wood was in the early stages of insanity. Witness his "work" for Donald Trump. I think we can fairly credit Trump (for failing to concede graciously) and Wood (for urging a voting boycott) for the Georgia results.
8/ As for the insanity, consider this:
9/ Just reflecting from the lake a bit, I'm thinking Wood might soon, himself, need a defamation attorney. (Sorry, Lin, insanity is not a defense to a civil defamation action.)
10/ I bring all this up because I am co-counsel (with the superb D. Gill Sperlein) on another defamation case against Elon Musk: Randeep Hothi v Elon Musk, Case No: RG20069852, in the Superior Court of the State of California, County of Alameda.
11/ Musk has hired as his counsel the same, big firm lawyers as in the Unsworth case: the Quinn Emanuel Urquhart & Sullivan folks, with Alex Spiro again heading up the effort. Let's give credit where due: Spiro is a splendid trial attorney (and a master of innuendo & smear).
12/ We now face in that lawsuit an "anti-SLAPP" motion. In essence, Musk claims that in accusing Hothi of harassment of $tsla employees, and almost killing several of them, he was merely exercising his First Amendment rights.
13/ Classic Musk. The thin-skinned narcissist billionaire bully has done his all to silence an effective critic, Randeep Hothi (@skabooshka), but wants to claim he, Elon Musk, is the First Amendment hero.
14/ The Quinn Emanuel firm's first move was to get rid of the presiding judge (the Honorable Evelio Grillo), whom Musk claimed was prejudiced against Tesla. Judge Grillo is highly capable & 100% fair, but California law allowed the removal without evidence or cause.
15/ That said, we are now before an equally able and fair judge. The motion likely will be decided at some point within the next month or two. I will have more details shortly.
16/ While my work is pro bono, that of my co-counsel (and his support staff) is not. I will need soon to rattle the tin can at GoFundMe for some additional help. As I said, many more details to follow soon...
17/ In the meantime, I can promise you this: if we get to trial, as I believe we deserve to and hope we will, we will do a far better job of presenting our case than did Lin Wood with Vern Unsworth's case.
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First, production. According to Tesla on 7/22/20, its quarterly capacity is now somewhere between 172,500 & 197,500.
2/ However, in no quarter this year has Tesla achieved even the low end of capacity.
Q3 is best so far, at between 84% and 73% of capacity, depending upon whether Tesla has, as it stated in its July 22 update, extended Fremont 3/Y capacity to 500k.
3/ Now, deliveries. Having guided to 500k for 2020, Tesla in Q3 achieved a delivery number exceeding the 125k/quarter needed.
However, the Q3 delivery number amounts to between 81% and 71% of installed capacity, again depending on whether Fremont is now at 500k 3/Y.
1/ A thread on $TSLA & $NKLA. Why one scam skates free of regulatory scrutiny while the other one comes under heavy governmental fire.
And why Tesla stock now soars higher than ever.
I'll outline two explanations, both of which were suggested to me by a friend.
2/ First, there can be only One True Church. One True Religion. One True Savior. The heretics must be stamped out. Read about how the Catholics dealt with Arianism; how Magisterial Protestants treated Anabaptists; how Sunnis handle Shiites (& vice versa). So many examples.
3/ Or, in the ideological sphere, where the warring factions seem to share most views, but attempt to exterminate each other: Stalinists v. Trotskyites; Bolsheviks v. Mensheviks. Many other examples.
1/ Very short thread on a large forest fire at the southern end of the Bridger Range, which started on Friday. Cause unknown, but no lightning, so quite possibly a careless homo sapien on the foothill trails leading to the College "M" and Mt Baldy beyond. Friday afternoon:
2/ Friday evening:
3/ The response was extraordinary. Planes diving into the dense smoke with retardant. Helicopters descending above the flames with water. Smokejumpers performing heroics to, as it were, draw a line in the sand. Even though still a "Rocky Mountain Type 3 Incident Management event.
1/ A thread on the crooked RiverBend Agreement between $tsla & New York State, the subject of my latest article. cc: @NYSComptroller, @NYGovCuomo, & @EmpireStateDev.
Is the latest amendment incompetence or outright corruption? You decide.
$tsla
2/ In February, @NYSComptroller sent @EmpireStateDev a copy of its draft audit report on the RiverBend project. Under the RiverBend Agreement, Silevo, Inc. (then a SolarCity subsidiary, and now a $tsla subsidiary) was to receive $750 million of factory & equipment in Buffalo.
3/ What was Silevo to do with that equipment? Why, according to @NYGovCuomo, to change the world. To revolutionize renewable energy. To manufacture in Buffalo its miraculous solar panels using the astonishing Triex technology (which, of course, soon proved to be a complete bust).