Skip to comments.Judge Rules Parts of Paterno-NCAA Lawsuit Have Standing
Posted on 01/07/2014 4:32:25 PM PST by FlJoePa
The family of Joe Paterno had a partial victory today as Judge John Leete, ruling over its lawsuit against the NCAA, permitted parts of it to move forward. The family, along with various former coaches, trustees, and players, brought forth a lawsuit challenging various aspects of the NCAAs sanctions against Penn State and their effects on the community.
The judge ruled that the plaintiffs couldnt pursue breach-of-contract claims over the NCAA because of Penn States binding agreement with the NCAA. Penn State has shown it wants nothing to do with this lawsuit and is not a party, and the judge ruled that the Paterno group is not an indispensable party to the claim. This means that any hope of invalidating the consent decree is probably out the window.
However, the judge ruled the defamation, conspiracy, commercial disparagement tort claims can move forward. The Paterno group claims that the Freeh report, and in turn, the NCAA, made libelous remarks against the Board of Trustees and former Penn State assistant coaches.
For example, the consent decree said that some coaches administrators, and football program staff members ignored the red flags of Sanduskys behaviors and no one warned the public about him. The judge ruled that this was a restricted enough group to move forward with the defamation complaint. As college football coaches are public figures, the plaintiffs will need to prove malice on the part of the NCAA.
The commercial disparagement claim as also ruled to have standing for both the Paterno estate and former coaches based on the Freeh report and consent decrees various malicious statements against Paterno, such as Paterno concealed Sanduskys activities from the Board of Trustees, the University community, and authorities. These potentially false statements have damaged the value of Paternos estate, and so that claim will move forward as well.
Ultimately, any standing the Paterno group has should be seen as a victory. The NCAA has not had to answer for its extortion over Penn State to get President Rodney Erickson to sign the consent decree in any public way. If the NCAA is eventually forced to turn over evidence, things could get interesting. The Paterno side has 30 days to file an amended complaint.
The ruling by Judge Leete today allowing the critical claims in our lawsuit against the NCAA to move forward is a significant victory, said Paterno family attorney Wick Sollers. We are gratified by the Judges decision confirming that key defamation, commercial disparagement and civil conspiracy claims can proceed. This is a case that deserves transparency and due process. It is a case that can never be resolved until the full truth is known. With this ruling the bright light of legal discovery will finally shine on the facts and records of all parties involved.
Also love the smackdown the Judge offered up today on Page 4:
"In lieu of following it's own mandated enforcement procedures, the NCAA accepted the conclusions of the Freeh Report as compelling evidence sufficient to justify imposition of sanctions against Penn State.
The NCAA did so despite serious flaws in the investigation and despite knowing that all the relevant facts were not even available.
About ten days after the Freeh report was released, and under the threat of the "death penalty" (a complete ban from participation in college football for a period of time), the Consent Decree was executed by the NCAA and President Erickson.
The Consent Decree accepts the findings of Freeh Report and the jury findings in Sandusky's criminal trial as bases for sanctions, which included a $60 million fine, a 4-year post-season play ban, loss of athletic scholarships, and vacation of wins since 1998.
President Erickson signed the Decree without following the procedural requirements set forth in Penn State's Bylaws, Charter, and Standing Orders."
I can’t wait for the civil suits that bankrupt Penn State.
Paterno knew. And he did nothing. He’s in the fiery embrace of Satan right now, just where he belongs.
“Paterno knew. And he did nothing. “
He learned some of what happened.
He reported it as required.
“Hes in the fiery embrace of Satan right now, just where he belongs.”
I suspect you are wrong, but only God knows.
I suspect he was a better man than you.
“He learned some of what happened.
He reported it as required.”
ha ha ha ha ha ha ha ha ...............
You don't know where the soul of Mr. Paterno is. For that matter, you don't know where your soul will end up when you leave this world.
“I suspect he was a better man than you.”
I’ve never kept a known homosexual child rapist in my employ, so your suspicions are worth about as much as a rat fart as far as I’m concerned.
Agreed. May he rot in hell.
“Ive never kept a known homosexual child rapist in my employ, so your suspicions are worth about as much as a rat fart as far as Im concerned.”
Paterno wasn’t an employer. He reported what he heard to the authority of his employer.
The fact you lied confirms my suspicions that Paterno was a better man than you.
The fact you have a bizarre familiarity with rat farts confirms my suspicions that Paterno is a better man than you.
All Paterno ever cared about was his career. Look at your screen name. It’s sad.
Let’s buy them the new Joe Paterno action figure.
Wind it up, and he looks the other way...
Now available in Nittany Lions blue.
The Discovery enough will compel the NCAA to settle. The NCAA already has lessened some of the punishments...so they know full well that they are on the losing end of this case
The Paterno’s will win against the NCAA if they use the precedent set in Tarkanian v NCAA....the NCAA must give due process to coaches when punishing them, according to SCOTUS. Paterno lawyers need to hammer this home
Clearly Paterno believed Sandusky had done nothing wrong. Sandusky went on to conduct youth camps at Penn State’s campuses and there was nary a word out of JoePa.
The ncaa is in real trouble here. Their options for settling aren’t too promising as the attorneys will be asking for immediate rescinding of all sanctions, restoration of victories, formal and very public apologies, and close to $1 Billion for charity contracts they claim have been damaged as a result of their actions.
I will take time to improve this...
"Sandusky went on to conduct youth camps at Penn States campuses and there was nary a public word out of JoePa."
For those that didn’t read the article, or chose this thread to post pedo jokes, this is the news in a condensed version:
Sue Paterno basically now has the ba**s of the ncaa in a vice. What she chooses to do with them is pretty much up to her.