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.
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.
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 SummonsThe 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.
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
