Litigation attorney Bryan R. Battina of the law firm Trepanier MacGillis Battina P.A. argued at the Minnesota Supreme Court on October 12, 2015.
An issue of first impression for the Minnesota Supreme Court’s consideration was whether a domain name is property subject to garnishment under Minnesota Statute § 571.73. Bryan argued that the domain name is not subject to garnishment under the statute.
At the district court level, the court held that a domain name and its accompanying website are not personal property in possession of, or under the control of the garnishee, and are not subject to attachment by garnishment. The Minnesota Court of Appeals, however, disagreed stating that a domain name and certain elements of a website are intangible personal property, and are therefore, subject to garnishment under Minn. Stat. § 571.73.
The Minnesota Court of Appeals decision may be found here.
The Minnesota Supreme Court argument can be found here.
Bryan R. Battina represents businesses and individuals in commercial litigation, real estate litigation, and employment law matters. Bryan can be reached at firstname.lastname@example.org or 612.455.0505.