January 25, 2023

Nevada Judge Miranda M. Du dismissed a lawsuit filed against Yuga Labs, Bored App Yacht Club’s parent company, and major NFT trading platforms OpenSea and LuxRare, that alleged the parties failed to properly handle NFT theft.

Robert Armijo, who filed the lawsuit, was the owner of three BAYC NFTs that he purchased in November 2021 and January 2022. Armijo said that on February 1, 2022, he attempted to trade one of his NFTs on the messaging site Discord. Someone who purported to be interested in the trade sent him a link to initiate the trade, which Armijo clicked on. The link was a phishing link that gave the hacker access to Armijo’s Ether wallet. The hacker then stole Armijo’s NFTs and began reselling them on OpenSea and LuxRare.

When the lawsuit was filed last April, Armijo’s attorneys claimed that OpenSea and LuxRare failed “to implement common sense and reasonable security measures to prevent the foreseeable fraud and sale of stolen” property, the original complaint read. The lawsuit names Yuga Labs as a defendant for the company’s failure to “monitor its proprietary and exclusive app community by denying access to individuals whose access is predicated on the stolen BAYC NFTs.”

The Judge dismissed the lawsuit for all defendants using arguments respective to each defendant.
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Yuga Labs had argued that as far as they were concerned, the case was moot because their company did not fall under Nevada jurisdiction as the company is incorporated in Delaware and has no employees in Nevada. Armijo’s attorneys tried to argue that because Yuga Labs continually does business in Nevada, he could be prosecuted in the state, but Judge Du disagreed.