Process servers claim they were able to reach and serve the former basketball star during an NBA game at the home arena for the Miami Heat, formerly known as FTX Arena.
Ex-basketball star Shaquille O’Neal has had yet another run in with process servers, who have been trying for months to hand him a class-action lawsuit over his alleged promotion of FTX.
This time however, a new lawsuit has been added to the mix, one which also alleges he founded and promoted a Solana-based Astrals nonfungible token (NFT) project, which it claims amounts to “unregistered securities.”
On May 23, process servers were reportedly able to reach O’Neal at the ex-FTX Arena — now renamed to the Kaseya Center — during a basketball game he was commentating on, according to The Wall Street Journal.
Adam Moskowitz, a lawyer representing both lawsuits, said O’Neal was served both the FTX class suit along with a new separate class suit filed against him regarding his alleged promotion of the NFT project “Astrals.”
Previously, O’Neal claimed in court that process servers for the FTX suit “tossed” the papers in front of his moving car and he left them on the road. His lawyers argued such service of the suit was “inadequate.”
According to federal rules, a lawsuit is only deemed served through “following state law for serving a summons.” The suit previously served to O’Neal was in the state of Georgia and wasn’t “made by an authorized person,” his lawyers argued.
For the recent suit service, Moskowitz claimed the process server purchased tickets to a May 23 basketball game at the area where O’Neal was commentating from a platform.
While O’Neal was on the platform the server was reportedly able to deliver the complaint. Moskowitz claimed O’Neal later had the server ejected from the arena.
The FTX class suit focuses on celebrities alleged to have endorsed the now-bankrupt exchange. O’Neal is named alongside basketball player Steph Curry, retired NFL player Tom Brady, comedian Larry David and FTX founder Sam Bankman-Fried.
O’Neal and Curry were seemingly able to joke about the class suit on TV. Before the game, Curry was presented with an award and O’Neal spoke to the basketball star.
“Thanks for getting me in trouble,” O’Neal jokingly said to a laughing Curry. “Don't say nothing, be quiet,” he added before a co-host quickly moved in to change the subject.
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Meanwhile, the second class action lawsuit served to O’Neal, which was filed on May 23, surrounds his alleged founding and promotion of the Solana-based Astrals NFT project which the complaint claims is an “offer and sale of unregistered securities.”
The suit claims the NFTs were an “investment contract” under the Howey Test with the lawyers claiming those who purchased were “in a common enterprise” and had an “expectation of profit.”
O’Neal was the only defendant named on the complaint, the plaintiifs allege they “invested” in Astrals and “suffered investment losses” due to O’Neal’s “conduct.”
The suit also questioned “whether he is still involved in the Astrals Project at all” claiming O’Neal hasn’t posted in the project’s Discord since Janurary.
The plaintiffs are seeking various damages and monetary relief related to their claimed losses from buying the NFTs.
By JESSE COGHLAN | Original Link