Graham Fraser
Technology reporter
Getty Images
A Tesla whistleblower who has fought Elon Musk and his institution done nan courts for years has won nan latest information of a long-running ineligible battle.
Engineer Cristina Balan mislaid her occupation aft she raised a information interest successful 2014 astir a creation flaw which could impact nan cars' braking.
Her defamation declare against nan patient seemed to person tally retired of roadworthy erstwhile a judge confirmed an arbitration determination dismissing her lawsuit - but a sheet of entreaty judges successful California has reversed this determination successful her favour.
She told BBC News she now wants to look Elon Musk and Tesla successful unfastened court.
Tesla has not responded to a petition for comment.
Ms Balan said she believes nan lawsuit will now successful effect spell backmost to quadrate one, and caller proceedings tin beryllium launched.
"We are hoping we will commencement a caller suit and we will person nan chance to return connected Elon Musk successful beforehand of a assemblage and judge," she said.
The technologist was erstwhile truthful salient astatine Tesla that her initials were engraved connected nan batteries wrong Model S vehicles.
In an question and reply pinch BBC News past year, she said she is wished to beryllium her innocence for nan liking of her son.
She besides revealed she was successful remission from stage-3B bosom cancer, and her biggest interest was she whitethorn not unrecorded to spot her last time successful court.
Cristina Balan
Cristina Balan finishing her chemotherapy curen for bosom cancer
Ms Balan claimed she was worried nan carpets were curling underneath immoderate pedals successful Tesla models, creating a information hazard.
She said managers rebuffed her concerns, became hostile, and she mislaid her job.
She past won a wrongful dismissal lawsuit - but this turned retired to beryllium nan commencement of a agelong travel done nan courts.
Ms Balan was publically accused by Tesla of utilizing its resources for a "secret project" - accusations which magnitude to embezzlement, a crime nether US law.
She has consistently denied nan accusation, and decided to bring a defamation lawsuit against nan patient successful 2019.
"I want to clear my name," she told BBC News past year.
"I wish Elon Musk had nan decency to apologise."
Cristina Balan
The initials CB connected a Tesla Model S battery, pursuing Cristina Balan's creation input
A tribunal past decided Ms Balan's lawsuit should beryllium taxable to arbitration per a statement she signed while moving for Tesla.
The arbitrator recovered successful favour of nan patient and Musk, dismissing her claims, owed to California's statute of limitations - meaning excessively overmuch clip had passed since nan alleged defamatory statements were made.
Tesla brought nan lawsuit backmost to a territory tribunal successful California to person nan determination confirmed.
However, Ms Balan appealed this decision, and judges from nan US Court of Appeals for nan Ninth Circuit recovered successful her favour - successful effect deciding nan California tribunal did not person nan jurisdiction to make its judgement.
They person ordered for nan confirmation of nan arbitration grant to beryllium cancelled, and for nan territory tribunal to disregard nan action owed to its deficiency of jurisdiction.
What could hap next?
The mostly of ineligible experts nan BBC has spoken to judge nan lawsuit has immoderate measurement to spell earlier location will beryllium immoderate conclusion.
"Tesla is among nan galore corporations that unit labor and customers into opaque arbitration processes and deploy fierce strategies to retaliate against labor who sound disapproval of firm practices," said Stanford professor Anat Admati.
And Bill Moran, Ms Balan's attorney, agreed nan ineligible process is acold from over.
But he said nan lawsuit was "revived" by nan latest ruling.
"We are assured we tin unafraid her either a caller arbitration aliases alternatively a proceedings successful tribunal truthful that her lawsuit tin beryllium heard connected nan merits aft truthful galore years," he said.
"She has fought crab while waging this case... she is nan epitome of spot and resolve, and she is now 1 measurement person to getting nan justness she deserves."
Additional reporting by Lily Jamali