Musk didn’t say Tesla’s autonomous driving technology could drive safer than humans, and the electric-vehicle company represented it needed a “fully attentive driver,” said US Court of Appeals for the Ninth Circuit judges in an unpublished memorandum. “Thus, fairly considered, Musk represented that a driver with the technology is safer than a driver without it.”
Nor did the investors, Oakland County Voluntary Employees’ Beneficiary Association and Oakland County Employees’ Retirement System, adequately plead Musk’s representations ...