That's brutal. The Bolt looks even worse. The Hyundai/Kia models don't impress either.
This is throwing down a gauntlet. Let's take a look at gas cars. Most of the top sellers fall in these categories:
(1) $10-$15K base price bracket
(2) $20-$25K base price bracket
(3) "SUVs" or "CUV"s in the $30-$35K price bracket
(4) Pickups in the above three price brackets
If you work your way down the top sellers, you get eventually to the Lexus RX, in the $40K bracket, and the other "semi-expensive" cars. I think every car selling for that price or higher which is not electric is doomed. This includes the entire lineups of Lexus and Audi; of BMW and Mercedes in the US; etc.
There are a lot of cheaper cars, though. Brands which make models which sold better in the US than the Lexus RX last year are:
- Tesla (Model 3)
- Hyundai (many models)
- Honda (Accord, Civic, CR-V)
- Nissan (several models)
- Chrysler (Pacifica)
- Subaru (several models)
- Dodge (several models)
- Jeep (several models)
- Mazda (CX-5)
- Toyota (many models)
- Ram Pickup
- Ford (several models)
- Chevy (several models)
- GMC (Sierra, Terrain)
...and interestingly, nothing else. (Though Kia seems to be rising fast in January/February, so it should count.) Notice the complete absence of German carmakers. Also, Chrysler and Mazda seem very precarious.
Even within that, the gas *sedans* have all been taking a nosedive in sales, except the Hyundai Elantra.
So if Tesla can build out its Model Y factory (yeah, I know, requires lots of capex), that will knock out most of the station wagons (sorry, "CUVS"/"SUVS"). I would anticipate Tesla being able to hit price parity with the station wagons which tend to cost more than the sedans (for no apparent reason, perhaps demand).
The Pickup should knock out the more expensive trucks.
Furthermore, aren't traditional automakers reliant on their more expensive models for margins? If they start to lose those, is there a point at which even cheaper models become unprofitable? By the way, it's good to have you back @neroden.
@TNEVol might know this precisely.
My non-lawyer guess is that March 11 is the date for Elon Musk's reply brief. Based on that brief the judge would either:
A contempt hearing is the typical outcome, where the judge can find further facts (ask Elon questions), after which the judge can issue a ruling straight away from the bench, or at a later date.
- find Elon not in contempt and dismiss the contempt proceedings,
- or order a contempt hearing,
- or find Elon in contempt
I believe the judge has broad procedural leeway, so there could be many variants of this: for example she could order the SEC to file a reply brief to Elon's answering brief, before ordering a hearing.
Most contempt findings require willful violation of a settlement, and while the SEC offered a legal pathway to avoid having to prove willfullness, I didn't find their case law persuasive: it cited a case where the defendant admitted to the violation of a settlement, but argued that it was not willful. No such admission exists here, in fact I submit that Elon obviously doesn't believe he violated anything, so such an admission won't exist in the future either.
So even if Elon did violate the settlement, the SEC would IMO have to prove that Elon did so willfully, which is a tall order.
More importantly, I don't think the settlement was violated, and maybe Elon's lawyers can argue this in their March 11 answer brief.
But in any case, March 11 is the answer brief filing deadline, not a hearing date. Any hearing would be scheduled afterwards.
But again, I'm not a lawyer.
Will be interesting to see if the reply brief comes in prior to 3/11. It definitely could. I'm sure journos are watching the filings in that district like a hawk.