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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