Bryant Walker Smith, a University of South Carolina law professor, called the judge's summary of the evidence significant because it suggests "alarming inconsistencies" between what Tesla knew internally, and what it was saying in its marketing.

"This opinion opens the door for a public trial in which the judge seems inclined to admit a lot of testimony and other evidence that could be pretty awkward for Tesla and its CEO," Smith said. "And now the result of that trial could be a verdict with punitive damages."