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Wiki Sudden Loss Of Range With 2019.16.x Software

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I've said it a bunch of times in this thread but it always bears repeating that Tesla hired one of the world's premiere corporate bankruptcy experts to represent their delaying efforts for this suit despite already having its own legal division. There's a reason for that and it isn't JUST because they keep losing General Counsel hires as soon as the new GC looks at Batterygate litigation in progress and recommends changing course immediately to comply with the law (and is told to shut up).

Generally, Chaserr, large firms with in-house counsel outsource litigation to litigation law firms. My best friend recently retired from a large company as assistant general counsel - litigation, and he rarely set foot in a courtroom or wrote motions or responses. His father was VP and General Counsel for a well-known company in the entertainment industry for thirty years. Again, neither he nor his staff did much trial work. A client of mine is a trial lawyer, and he is hired by these firms to represent them in litigation. Many claims are covered by insurance, too, so the lawyers hired to represent these companies have been retained by the insurance company. This doesn't mean that in-house counsel doesn't do anything; certainly a lawyer employed by the company could appear on all complaints and legal filing and participate in strategy and negotiation.

These large law firms with offices across the nation and hundreds of partners practice all types of law; they are bound to have a bankruptcy department in addition to litigation, tax, mergers and acquisitions, employment, intellectual property, criminal, real estate, and gosh knows what else. I would not be quick to connect this firm's bankruptcy prowess with their lawsuit defense trial department, yet. You may be right of course, but right now my money is on coincidence.

When you get your 350V replacement battery, would you put in a good word for me, please? ;)
 
Tesla doesn't, until now so this suit is company-altering already

But they do, and have. For example they use LEWIS BRISBOIS BISGAARD & SMITH LLP for the July 2019 class action suit related to their CPO sales practices. And they use FOX ROTHSCHILD LLP for a 2015 case regarding an employment issue. Or LITTLER MENDELSON, P.C. for a 2018 case regarding an employment issue. Or MORRISON & FOERSTER LLP representing them in a 2016 case about unintended acceleration. All of those are prior to DJRas' law suit suit.

Can you show even one case where Tesla represented themselves in court?
 
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But they do, and have. For example they use LEWIS BRISBOIS BISGAARD & SMITH LLP for the July 2019 class action suit related to their CPO sales practices. And they use FOX ROTHSCHILD LLP for a 2015 case regarding an employment issue. Or LITTLER MENDELSON, P.C. for a 2018 case regarding an employment issue. Or MORRISON & FOERSTER LLP representing them in a 2016 case about unintended acceleration. All of those are prior to DJRas' law suit suit.

Can you show even one case where Tesla represented themselves in court?

Hey mp3 heres one.
 

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Chaserr, do you remember that really old Toyota Prius "Defect Petition", we talked about ~5 months ago?

You're still wrong. The recall you referring to was on 11/14/2012. The defect petition wasn't opened until 2/21/2013 after the recall because the person claims that the recall didn't fix the problem and that NHTSA needs to open a new investigation. (Which they have yet to do.) But hey, why would you actually read the details, they might not line up with your view of things...

Again: a Defect Petition (DP) is a review of the request to open an investigation. If it is approved NHTSA will open a Preliminary Evaluation (PE) and/or Engineering Analysis (EA) which they haven't done yet. Here are their descriptions of the different investigations/steps:

View attachment 513935

So assuming each is approved/accepted it goes from DP (120 days) to PE (4 months) to EA (1 year). The timelines of course are an estimate that they often don't meet.

So once you see a PE or EA opened for the issue DJRAS submitted you will know that his DP was accepted and that a real investigation has begun. (There are currently no open PE or EA investigations on a Tesla, so no formal investigation of Tesla is in progress.)

That you insisted was a real investigation, that resulted in a recall, that just hadn't been marked closed yet?

I'm impressed by the admission, even when you're describing why my own words were accurate about both the NHTSA and yourself you must turn this into a fight because you take things personally when they go "against your view of things." It's a pattern of yours, I think. One I I will look for in the future and point out if you think it will help you change that pattern. You see a petition to recall "steering intermediate shaft failure" that resulted in "steering intermediate shaft failure" recalls being issued that apparently that "goes against your view of things" and want to make it seem like time goes backward because - in this one instance and only this one - the NHTSA is not scattered, unreliable, understaffed, terrible at documentation, et cetera. Except you've already shot down your own argument because you brought up that ego crushing defeat as an example of how terrible they are at completing paperwork properly by noting they left it open for half a decade. Ouch for you! And why did you do this to yourself? Because facts "that go against your view of things" are still facts but must be disagreed with. You use your words as weapons because they mean something to you, and unfortunately you've said a lot about yourself in a futile waste of effort to make history undo itself. Those recalls can't be reversed by poor record keeping.

Well it turns out you were wrong and NHTSA was not "terrible at completing paperwork properly", they finally closed that DP, and denied it.

Based on this evaluation, ODI does not believe that additional investigation will lead to a finding that a defect related to motor vehicle safety exists in the subject vehicles. Therefore, in view of the need to allocate and prioritize NHTSA’s limited resources to best accomplish the agency's safety mission, the petition is denied. The denial of this petition does not constitute a finding by NHTSA that a safety-related defect does not exist. The agency reserves the right to take further action if warranted by the circumstances.

So it took them over 7 years to decide to deny the Defect Petition and not start a formal investigation or issue any recalls.

Again, I'm just trying to set people's expectations on how the NHTSA system works and how quickly things move through it. (The oldest Defect Petition that remains open and waiting to be granted, or denied, is from August of 2018, so they are, slowly, getting caught up.)
 
Chaserr, do you remember that really old Toyota Prius "Defect Petition", we talked about ~5 months ago?

That you insisted was a real investigation, that resulted in a recall, that just hadn't been marked closed yet?

Well it turns out you were wrong and NHTSA was not "terrible at completing paperwork properly", they finally closed that DP, and denied it.


So it took them over 7 years to decide to deny the Defect Petition and not start a formal investigation or issue any recalls.

Again, I'm just trying to set people's expectations on how the NHTSA system works and how quickly things move through it. (The oldest Defect Petition that remains open and waiting to be granted, or denied, is from August of 2018, so they are, slowly, getting caught up.)


hey mp3, I don’t know much about nhtsa’s ability to complete paperwork and close files but I did find this article about a case involving GM and a particular law-yer (read with Georgia drawl) who worked on the case to be quite interesting.

@chaser I gotchu

He uncovered GM crisis, took on automaker when NHTSA didn't
 
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hey mp3, I don’t know much about nhtsa’s ability to complete paperwork and close files but I did find this article about a case involving GM and a particular law-yer (read with Georgia drawl) who worked on the case to be quite interesting.

@chaser I gotchu

He uncovered GM crisis, took on automaker when NHTSA didn't

Interesting article, thanks for posting that. I think it goes even further in proving my point. Chaserr seems to think that NHTSA will rule in favor of his interpretation of things fairly quickly. (Even going as far as to say that it will provide the evidence/discovery to support the class action law suit.) I'm just not sure that will happen, and definitely not quickly.
 
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If Disagree is still repeating himself, ignore him he's just repeating what he always has to repeat. He learned that the NHTSA won't say anything about their OPEN INVESTIGATION into Tesla until they announce fines etc almost a year ago but he likes to repeat things as if he doesn't know them. he's very dedicated to trying to apologise for the crimes Tesla has committed, and for some reason he thinks NHTSA's open investigation into something this big is going to be live and public, for the first time ever. Disagree even denies it's an open investigation, which is why I typed it red. Disagree hates that fact, it's hard to make apologies against.
 
Hey who the f edited my post YO !! Without saying anything? We censoring ppl now? First Elon and now TMC taking orders and acting like the CCP? 他妈的

You're not the first person to make that accusation of the site's staff in this thread. Batterygate is going to be extremely damaging to tesla, maybe the company is more active here than we are publicly told. It's their site, and censorship is perfectly legal as long as it's not the government doing it.
 
He learned that the NHTSA won't say anything about their OPEN INVESTIGATION

It is an open investigation, but not into Tesla. It is an investigation of the defect petition that DJRAS' lawyer summited. But you already knew that. Just like you already knew that the NHTSA reached out to a reporter to have him correct a story where he mistakenly said the NHTSA was investigating Tesla:

Russ Mitchell @russ1mitchell
Nov 1, 2019

Note: NHTSA informs me that the Tesla fire inquiry is technically not an “investigation” but rather a “defect petition.” To avoid argument over plain-English definitions, we are changing the language in our story from “investigation” to “probe.”

I guess you should let the NHTSA know that is an investigation, since they are sure it isn't. (I guess when the facts don't line up with your position you just ignore them and make up your own.)
 
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No kidding!

It's a shame they can't redefine Tesla into a safe, honest, law abiding trustworthy company.

2013 TESLA MODEL S
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The good news is, verdicts have an actual influence on redefining criminals.
 
I can't tell if it's due to warmer weather, or new updates, but last week or so I see 217mi as max.
I haven't seen 217 since May 14th, 2019. At that time, max was 239 (from original 240).
At the lowest was 208, and then hovered between 211-213 (after they said they improved efficiency of model S), occasionally allowing me to go to 214, and as of recently, with warmer weather, I was seeing 215, 216 and now 217. I did not see that last summer, so my guess is this is all due to efficiency improvements in model S, nothing to do with actual battery management.
I also haven't actually charged to 217, so I don't know if this is realistic. At the time when it used to show 213, I could only get to 211 a couple of times when i tried to charge full.
Now if I can only get something meaningful back o_O, such as another 20mi or a new same spec battery, I'd be content.