Want to read Slashdot from your mobile device? Point it at m.slashdot.org and keep reading!

 



Forgot your password?
typodupeerror

Slashdot videos: Now with more Slashdot!

  • View

  • Discuss

  • Share

We've improved Slashdot's video section; now you can view our video interviews, product close-ups and site visits with all the usual Slashdot options to comment, share, etc. No more walled garden! It's a work in progress -- we hope you'll check it out (Learn more about the recent updates).

×

+ - Tenenbaum remanded for further proceedings-> 3

Submitted by
NewYorkCountryLawyer
NewYorkCountryLawyer writes "The 1st Circuit Court of Appeals has declined to reach the Due Process issue in SONY BMG Music Entertainment v. Tenenbaum. In a 65-page decision (PDF), which rejected all of Tenebaum's counsel's other arguments, and which otherwise praised Judge Gertner's handling of the trial, the First Circuit felt that under the doctrines of judicial restraint and constitutional avoidance, it was premature to decide the constitutional issue without first disposing of the defendant's motion on common law, remittitur grounds. The Court gave several examples of scenarios which might have occurred, had the lower court decided the remittitur question, which would have made embarking down the constitutional path."
Link to Original Source
This discussion was created for logged-in users only, but now has been archived. No new comments can be posted.

Tenenbaum remanded for further proceedings

Comments Filter:

What is worth doing is worth the trouble of asking somebody to do.

Working...