Appellate Heavyweights Rally Behind Tesla in $243 Million Autopilot Crash Appeal
Former US solicitor generals, business groups and Republican-led states challenge Florida verdict, warning of wider impact on tech innovation
Staff WriterJul 17, 2026, 11:48 AMA high-profile group of appellate lawyers, major business organisations and Republican state attorneys general has lined up behind Tesla as the electric vehicle maker seeks to overturn a $243 million verdict linked to a fatal 2019 crash involving a Model S equipped with Autopilot technology.
Tesla’s appeal before the Atlanta-based 11th US Circuit Court of Appeals is being led by former US Solicitor General Paul Clement of Clement & Murphy and Theodore Boutrous of Gibson Dunn. The plaintiffs are represented by Elizabeth Prelogar of Cooley, a former Biden administration US solicitor general, along with other lawyers.
The lawsuit alleged that Tesla had defectively designed its Autopilot system and misled customers about its capabilities. Tesla has denied the allegations, arguing that the driver’s actions were responsible for the crash.
A Florida federal jury in August found Tesla 33% responsible for the accident, while assigning 67% responsibility to the driver. The driver, who was not named as a defendant, will not be required to pay his share of the damages. The verdict included around $42.6 million in compensatory damages against Tesla and $200 million in punitive damages.
The decision has drawn concern from business groups in Florida and beyond. In amicus briefs filed with the 11th Circuit, Florida, the US Chamber of Commerce and other organisations urged the court to overturn the ruling. The Chamber is represented by Gregory Garre of Latham & Watkins, a former Republican-appointed US solicitor general.
The Republican-led states and business advocates argue that Florida law allows punitive damages only where there is evidence of intentional misconduct — a standard they claim was not met in Tesla’s case. They warned that allowing the verdict to stand could expose companies developing emerging technologies to excessive liability, increase legal uncertainty and discourage innovation.
The Chamber said that upholding the ruling “would dramatically expand Florida product-liability law” by creating new obligations for manufacturers introducing products with innovative features.
Tesla and Prelogar did not immediately respond to requests for comment.
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