
Timothy McKimmy, a Texas resident who mistakenly sold his Bored Ape NFT for 0.01 ETH (about $26) has levied a $1mn lawsuit against OpenSea, saying that the popular NFT trading platform was aware of a glitch that allowed hackers to acquire NFTs for significantly less than its’ market value. In the lawsuit filed in federal court in Texas, McKimmy claims to be the legitimate owner of Bored Ape #3475, one of 10,000 highly desired primate NFTs known as the Bored Ape Yacht Club. He alleges that he did not advertise his Bored Ape for sale and that the NFT was "taken," with the "buyer" reselling it for 99 ETH ($250,000 at today's pricing). OpenSea was in the news recently for an apparent “phishing” attack on many of its users. They released a tweet on Sunday stating that they were “actively investigating” the rumors.