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Kentucky

: Kentucky Cases

COA: Interactive Media and Entertainment and Gaming Ass'n v. Judge Wingate -- Trial Court Prohibited from Seizing internet "gambling" domains

By Michael Stevens

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The Court of Appeals ruled as follows today in the internet gambling domain case prohibiting the circuit court from seizing the gambling domain names:

These consolidated petitions for a writ of prohibition stem from orders of the Franklin Circuit Court seizing 141 Internet domain names identified in a civil complaint filed by the Justice and Public Safety Cabinet of the Commonwealth of Kentucky. The trial court justified the seizure order on the basis that the domain names constituted "gambling devices" subject to the court's in rem jurisdiction. The petitioners argue that they are entitled to the extraordinary remedy of prohibition because the Franklin Circuit Court is acting outside its jurisdiction and the parties have no adequate remedy by appeal. Having considered the consolidated petitions for relief, the response of the Cabinet, the briefs submitted by the amici curiae, argument of counsel, and being otherwise sufficiently advised, the Court ORDERS that the petitions be GRANTED and the Franklin Circuit Court is hereby PROHIBITED from enforcing its order seizing the141 domain names and from condueting a scheduled forfeiture hearing.

Click here for a copy of the court's order

Full post as published by Kentucky Cases on January 20, 2009 (boomark / email).