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Tenenbaum remanded for further proceedings

NewYorkCountryLawyer (912032) writes | more than 2 years ago

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."
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3 comments

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Thanks. (1)

poofmeisterp (650750) | more than 2 years ago | (#37430128)

This is much better than wired.com's presentation without the court document. Much appreciated!

Re:Thanks. (1)

NewYorkCountryLawyer (912032) | more than 2 years ago | (#37430242)

Thank you. Much appreciated. Yeah the other stuff is misleading.

Cost award (1)

Xordin (66857) | more than 2 years ago | (#37434830)

The court said it awarded costs to plaintiffs. Any idea what price range that would be in?

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