EMAX investors given third and final chance at celeb promo suit

The plaintiffs of the EthereumMax (EMAX) investor class action lawsuit have been given a final chance to amend their claims against the celebrities they accuse of promoting the now-defunct cryptocurrency. 

In an Oct. 3 court order, United States District Court Judge Michael Fitzgerald said he’s giving the EMAX investors a third and final chance to submit an amended complaint.

The class-action suit was brought against boxer Floyd Mayweather, NBA star Paul Pierce, reality TV star Kim Kardashian, and others in 2022 for allegedly promoting EMAX which the suit called a “pump and dump” scheme.

The judge dismissed the suit last year but revived it again in June refusing to throw out the plaintiff’s “unfair competition” claims against the celebrities. Four motions were dealt with in the new order.

An excerpt of Judge Fitzgerald’s order explaining the motions that were before the court .Source: CourtListener

The court denied Mayweather’s motion to dismiss the state consumer law claims, finding the plaintiffs sufficiently alleged materiality and Mayweather’s failure to disclose that he was a paid promoter.

It also denied Pierce’s motion to dismiss the state consumer law claims and manipulation claim, finding it was sufficiently alleged that Pierce or his agent sold and traded tokens for his benefit.

The court denied one of EMAX cofounder Giovanni Perone’s motions to dismiss the same consumer claims but granted to amend dismissal of the securities claims for failing to allege Perone personally sold tokens.

The court said that the plaintiffs must re-file the complaint and the defendants must answer the remaining claims with Judge Fitzgerald writing:

“Plaintiffs have repeatedly failed to cure the deficiencies identified by the Court and were explicitly warned that this would be their last opportunity to amend.”

Related: Tom Hanks, MrBeast and other celebrities warn over AI deep fake scams

According to its whitepaper, EthereumMax — which is not related to Ethereum — claimed to be a “culture token” that “bridges the gap between the emergence of community tokens and the well-known foundational coins of crypto.”

In October 2022, the U.S. Securities and Exchange Commission charged Kim Kardashian for unlawfully promoting the token as a security. She agreed to pay $1.26 million in penalties for her involvement.

Magazine: ‘AI has killed the industry’: EasyTranslate boss on adapting to change

Comments (No)

Leave a Reply

Advantages of Using Cryptocurrency
The Evolution of Cryptocurrency
How to Trade With The FutureTrade
How Crypto Marketing is Emerging
Astrology NFT project ‘Lucky Star Currency’ rugged for over $1m – Certik
What is going on with Sam Bankman-Fried’s defense?
South Korean UPbit counters 1,800% surge in hacking attempts with AI-driven security measures
Crypto investment products see largest inflows since July — CoinShares
Gods Unchained: The Ultimate Guide
Boost Your Business with These AI Marketing Tools
Best AI Profile Pic Generators in 2023
Shazane Nazaraly’s Inspiring Journey to Launching Ares Corporation
Decentraland Hosts An Ugly Sweater Wearable Competition For Xmas!
Next Earth Introduces LAND Descriptions For Its Metaverse Plots
Degen Toonz & CULT&RAIN Lead the Way in Digital Fashion
Degen Toonz & CULT&RAIN Lead the Way in Digital Fashion