Brett Schreiber, Founding Partner at Singleton Schreiber, was featured on the Coopers' Code Podcast, where he continued to discuss his landmark $329 million Tesla Autopilot verdict, offering an inside look at the legal strategy and courtroom dynamics.
In the interview, Mr. Schreiber described how the legal team used a curated exhibit of Elon Musk’s own public statements, referred to as “Elon’s Greatest Hits,” to secure critical admissions from Tesla regarding its Autopilot marketing claims. Rather than produce Musk for deposition, Tesla chose to acknowledge that several of those statements constituted misrepresentations.
Mr. Schreiber also pointed to a pivotal moment in the trial when the jury was allowed to hear evidence that Tesla had withheld Autopilot data during discovery, a development he said visibly affected jurors and shifted the tone of the case. Mr. Schreiber further explained how the plaintiffs framed Tesla’s marketing practices by arguing the company “shouted” claims about autonomy while “whispering” safety disclaimers buried in digital manuals that internal data showed drivers rarely accessed.
"You can’t shout the claim and whisper the disclaimer,” Schreiber noted. “They shout from the hilltops, 'This is the greatest vehicle ever driven,' and then they show up in court, and they try to tell you, 'But look what we put on the 87th page of the owner’s manual that no one reads.'”
Addressing the outcome, Mr. Schreiber discussed the jury’s decision to award $129 million in compensatory damages, exceeding the amount requested by plaintiffs, and $200 million in punitive damages. To make the punitive award relatable, the legal team relied on Tesla’s own SEC filings, asking jurors to impose the equivalent of “one week’s pay” based on the company’s daily earnings.
On the necessity of such a high award, Schreiber stated: “When a company has lost its way, when it has decided to elevate profits and greed over life and safety, it is a company that is off the rails and it needs to be brought back.”
Reflecting on the trial's legacy for other lawyers, Schreiber encouraged a more hands-on approach to litigation.
“You've got to just get out from behind your desk,” he said. “You've got to get scrappy sometimes. Don’t be an indoor cat; sometimes you’ve got to be an outdoor cat.”
