"it appears that" = "we have no demonstrable data, but we'd like this to be true, but we're not making a material claim".

I read it, it contains no data, none. But I think you know that and are purposely deflecting.

They have to be not only fraudulent but fraudulent to the point of having a "materially adverse effect" on the value of the company. Delaware courts rarely (almost never) find this to be the case.

bare assertions by elon on a matter touching his pride seem more likely to indicate the opposite is in fact true

e.g. elon calling some dude who wounded his pride on twitter, a "pedo"