I've said before, and I'll say again: This lawsuit will not go to trial. Even if Tesla were to prevail on a majority of the complaints, the optics of such a lawsuit would cast Tesla in a negative light. This trial would receive enormous publicity. It would be the tech version of David vs. Goliath with Goliath winning. Tesla does not want any discovery out in the open--discovery like how and why the Service Centers told us our batteries were normal when they were not; discovery like the software changes were "minor bug fixes and improvements;" discovery of how much (or little) research, development, testing, and analyzing the early batteries with and without thousands and thousands of kWh via Supercharging; internal emails and memos before, during, and after the suit was filed; the list would be pretty extensive. This suit would require dueling EE experts testifying about Tesla's design and manufacturing processes. No doubt a trial of this magnitude and complexity would last for months. The average citizen juror would be overwhelmed with a whole lot of physics and arcane warranty/consumer protection law.
Therefore, I believe that this class action will result in the dreaded negotiated settlement with Tesla neither confirming or denying all these accusations. Rather, "in the interest of expedience and fairness, Tesla will agree to do thus and such for all members of the affected class."
As to just how extensive and equitable any negotiated settlement will be, I do not feel that very many of the above will even be entertained by either side. It will be simple and easily understood by us members. It may only be some cash; it may be a combination of cash and a discounted replacement battery; it may be a trade-in on a new car with a special discounted price. I think it will boil down to who blinks first.
