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Shaq

Shaq Can’t Be Subpoenaed Via Twitter Direct Message In FTX Class-Action Suit, Judge Rules

Christian Encila
by Christian Encila
2 years ago
·
Posted in Crypto News
Trusted Editorial content, reviewed by leading industry experts and seasoned editors. Ad Disclosure

A “Hack a Shaq” – a basketball strategy where a team intentionally fouls a poor free-throw shooter, often Shaquille O’Neal, to send them to the free-throw line – is being carried out by the former NBA superstar’s “opponents.”

Shaquille O’Neal has dodged a legal bullet as a Florida judge rejected a request to serve him electronically with a summons in a class-action lawsuit involving FTX founder Sam Bankman-Fried and other celebrity spokespeople. 

Lawyers attempting to serve O’Neal since last fall had asked the judge if they could utilize his Twitter and Instagram direct messages to do so. However, the judge ruled against this method.

Related Reading: Bitcoin Futures And Options Trading Coming To London Stock Exchange

Lawsuit Over FTX Promotion Pay Continues As Shaq Remains Unserved

Shaq is the only defendant in a class-action lawsuit who has yet to be served by attorneys. The lawsuit was filed by retail investor Edwin Garrison last year after the collapse of FTX, alleging that celebrities involved in promoting the company did not properly disclose their compensation. 

Other defendants, including Gisele Bundchen, Tom Brady, and Stephen Curry, have already been served. In a motion to serve Shaq electronically, lawyers for Garrison claim to have made numerous attempts at serving him at his Texas and Georgia residences, as well as reaching out to him via social media and email.

Image: Brett A. Podolsky

Judge Denies Motion To Serve Via Social Media

Attorneys for Shaq’a legal battle allege that the former NBA player avoided service in Texas by sending an ominous and threatening text message. The law firm requested permission to serve O’Neal through his Twitter and Instagram accounts, citing Texas law’s allowance for electronic service. 

However, Judge K. Michael Moore of the Southern District of Florida denied the motion, calling it “factually unsupported and legally insufficient.” 

The clock is ticking for the lawyers to serve Shaq by April 17, or the case may proceed without him. 

Legal Precedent For Online Serving Of Summons

The advent of technology has brought about significant changes in how legal proceedings are conducted. One such change is the use of online means to serve defendants. While this method may seem unconventional, it is a legal option that has been used in some cases.

In October 2022, US District Judge William Orrick granted a motion by the CFTC allowing the commission to provide a copy of its summons and complaint through Ooki DAO’s help chat box and online forum. 

Total market cap of cryptocurrencies currently pegged at $1.24 trillion on the daily chart at TradingView.com
Related Reading: Coinbase Loses Key Executive As Vishal Gupta Resigns For New Crypto Project: Report

Ooki’s chat box offers automated responses to queries and questions that customers may have. The CFTC used this portal to lodge its filings and serve Ooki.

The US Northern District Court of California ruled that the CFTC was justified in serving the court summons and complaint to Ooki through online means. This ruling sets a legal precedent for similar cases in the future.

However, it appears O’Neal will not be served via social media. In contrast to the Ooki case, the court handling Shaq’s case has ruled that he must be served through traditional means.

-Featured image from TNT

Editorial Process for bitcoinist is centered on delivering thoroughly researched, accurate, and unbiased content. We uphold strict sourcing standards, and each page undergoes diligent review by our team of top technology experts and seasoned editors. This process ensures the integrity, relevance, and value of our content for our readers.
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Christian Encila

Christian Encila

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Christian, a journalist and editor with leadership roles in Philippine and Canadian media, is fueled by his love for writing and cryptocurrency. Off-screen, he's a cook and cinephile who's constantly intrigued by the size of the universe.

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