Litigation attorney Bryan R. Battina of the law firm Trepanier MacGillis Battina P.A. will argue at the Minnesota Supreme Court this fall on October 12, 2015.

An issue of first impression for the Minnesota Supreme Court’s consideration is whether a domain name is property subject to garnishment under Minnesota Statute § 571.73.  Bryan will be arguing 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.

Bryan R. Battina represents businesses and individuals in commercial litigation, real estate litigation, and employment law matters.  Bryan can be reached at bbattina@trepanierlaw.com or 612.455.0505.