The attorney representing Dogecoin investors in the class action alleges Musk’s legal team is deploying dirty tactics.
The attorney is representing the Dogecoin investors accusing Tesla chief executive of insider trading and price manipulation. The lawyer submitted that Musk’s team escalated a mudslinging campaign targeting him.
In the Thursday, July 12 filing in the New York federal court, Evan Spencer restated his argument petitioning the court to suspend the lawyers from the class-action suit. The attorney claims that the defendant’s team is leveraging a bottomless war chest to fund the harassment campaigns against him and the client.
Musk’s Defense Counsel Accused of Mudslinging Campaign
The accusation submitted on Thursday reignites the saga running in several court filings recently. Spencer had in a June 26 filed motion requesting the expulsion of Musk’s lawyers. The request sought financial sanctions imposed on the lawyers he accused of deploying dirty tactics during the pre-trial proceedings.
Spencer’s submissions highlight the letter penned by Musk lead counsel Alex Spiro whose content appeared in a June 15 publication by the New York Post. The letter sought the withdrawal of the amended complaint lodged by the plaintiffs in the ongoing legal battle with the Dogecoin investors.
The complaint claims that Musk secretly owns and controls two wallets involved in selling millions of Dogecoins in a two-day exercise in April. The plaintiffs submitted that the sale portrayed Musk’s attempt to manipulate the DOGE price. Spiro dismissed the fresh allegations and disapproved of Spencer’s competency to serve as an attorney.
Submission by Plaintiff’s Lawyer Failed Laugh Test
Musk dismissed Spencer’s motion to expunge the Tesla attorneys from the Dogecoin lawsuit as an insult. He termed the motion reliant on audacious allegations that the attorneys acted improperly.
Spiro submitted a 17-page biting filing terming the motion as waiting for the court’s time. He moved that the Spencer-led team acted beyond bounds to accuse Musk’s lawyer of leaking the derogatory letter for publication.
Spiro dismissed the submission as baseless, alleging that the June 15 publication was disparaging Spencer’s competence and materially prejudicing the Dogecoin case. The Musk lawyer indicated that the filing failed to meet the court’s laugh test. He explained that the laugh test involves the legal doctrine of ‘yes, really’ deployed when ascertaining the seriousness of claims.
The riposte issued by Musk’s legal team on Friday, July 7, dismissed the accusations leveled by Spencer on the leaked post as unsubstantiated. The team representing SpaceX’s chief executive argued that the leak, if true, would still not breach the ethics rules.
Musk Fond of Dirty Tactics
Spencer responded to the Musk filing by ruling out having a prior relationship with the reporter behind the New York Post. He indicated the leaked letter’s origin would only be from Musk’s team or a contracted agent.
Spencer revisited previous pronouncements by Musk as one capable of deploying dirty tactics. He accused the Twitter owner of portraying a desire to engage the sharp-elbowed lawyers. He cited a May tweet where Musk bragged about assembling a hardcore litigation department comprising streetfighters.
Spencer added that the misconduct portrayed by the defense counsel is consistent with the ruthlessness Musk demonstrated in the tweets. The lawyer indicated that the defense lodged additional attacks in the works.
Spencer indicated that the team had previously published false claims in the media. The recent post could only aim to portray Spencer negatively into the public record again.
Spencer failed to cite evidence substantiating the claims as he did not illustrate other incidents besides the Post article.
Investor Files Case and Seeks $258 Billion from Musk
Musk is embroiled in a legal battle initiated by Keith Johnson, alleging he facilitated pumping the Dogecoin price. The American citizen accuses Musk of involvement in a racketeering scheme backing crypto.
Johnson, who seeks class-action status, indicates that he represents other investors harmed by the deceptive representation that Dogecoin portrays as a legitimate investment.
The plaintiff indicates that Dogecoin lacks value and seeks $258 billion from Musk. The filing accuses Musk of repeatedly tweeting in support of DOGE to safeguard his interest considering his collaboration with the token’s founders. Musk has since denied any wrongdoing.
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