Please create an account to participate in the Slashdot moderation system

 



Forgot your password?
typodupeerror
DEAL: For $25 - Add A Second Phone Number To Your Smartphone for life! Use promo code SLASHDOT25. Also, Slashdot's Facebook page has a chat bot now. Message it for stories and more. Check out the new SourceForge HTML5 internet speed test! ×

Submission + - Tenenbaum remanded for further proceedings (blogspot.com) 3

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."
This discussion was created for logged-in users only, but now has been archived.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:

The most difficult thing in the world is to know how to do a thing and to watch someone else doing it wrong, without commenting. -- T.H. White

Working...