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NCAA files motion to dismiss Corbett’s lawsuit over PSU sanctions

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At the beginning of the new year, Pennsylvania Gov. Tom Corbett filed a federal antitrust lawsuit against NCAA asking for a complete reversal of the sanctions levied against Penn State last summer in light of the Freeh report on the university’s inaction in the Jerry Sandusky scandal.

The obvious next step was for the NCAA to file a motion to dismiss the suit, and that’s exactly what it’s done. You can view the motion HERE from the NCAA’s official website.

The two arguments of the motion are that the complaint “fails to state a violation of the Sherman Act” and that the “Plaintiff lacks standing to seek injunctive relief.” More specifically, the NCAA argues that its regulation of collegiate athletics is only subject to antitrust scrutiny if it impacts certain economic activity such as television contracts or coaching salaries, and enforcing rules is not a regulation of commerce.

Furthermore, the motion goes back to the consent decree that Penn State approved — the argument against that being that the university had no choice but sign it — and that Corbett does not have standing to sue because he’s not doing so on behalf of anyone subject to antitrust injury.

The NCAA claiming that Corbett is overstepping his jurisdiction is almost too ironic to handle.

I’ve stated before that I believe the NCAA needs to be challenged on its actions against Penn State, although Corbett is admittedly an odd choice to be the one to do so. Corbett was the former Attorney General of Pennsylvania who failed to bring Sandusky, Penn State’s longtime defensive coordinator, to justice for sexually abusing young boys.

Not to mention Corbett said last summer that Penn State must “accept the serious penalties imposed… by the NCAA.”

Political grandstanding at its finest? Yeah, there’s that, but the suit and the motion to dismiss said suit have been filed. Now it’s time to see which direction this case goes in a court of law.

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9 Responses to “NCAA files motion to dismiss Corbett’s lawsuit over PSU sanctions”
  1. tommy57 says: Feb 8, 2013 1:21 PM

    I agree with Ben – the NCAA definately should be challenged but Governor Corbett is definately NOT the ‘entity’ to launch the challenge. Nonetheless, I attended the PSU BOT conference call vote on the NCAA sactions and, although most BOT members expressed their dismay at the scale of the punishment, all BOT members agreed that the circumstances were such that accepting the decision and moving forward to help the vicitims and take the necessary corrective actions within PSU was the primary task. And that’s what they did and are doing now. Please don’t let the Governor’s actions cause you to believe otherwise.

  2. bigdinla says: Feb 8, 2013 2:46 PM

    Well said tommy! Corbett couldn’t care less about he players. This is all about the voters.

  3. eidolon21 says: Feb 8, 2013 2:58 PM

    BK
    who is the proper person to sue the NCAA in this situation if not Corbett. I am not a Corbett fan in any way.

  4. tommy57 says: Feb 8, 2013 4:40 PM

    I’m not a lawyer, but I think to take the NCAA to court, the plantiff must have ‘standing;’ that is, someone who is directly involved or otherwise directly impacted (injured) by the action.

    I think the NCAA probably should be challenged by the members of the NCAA – such as the B1G. But, unfortunately, that’s just not going to happen.

  5. frug says: Feb 8, 2013 5:02 PM

    @eidolon

    The university president and BOT’s are the only entities with standing to sue on behalf of PSU but they have already made clear they have no intention of doing so (which is probably smart since the PR backlash would outweigh any legal victory).

  6. wallio says: Feb 8, 2013 5:30 PM

    Speaking as a resident of PA, on Corbett’s part this is a brilliant move. He’s approval rating is in the toliet (like Jimmy Carter bad) and most people here still refuse to believe anything went on at Penn State. It was all some conspiracy they say. Corbett gains some votes and distracts from his recently proposed budget, which the state house is fighting against.

  7. ironman721 says: Feb 8, 2013 6:58 PM

    Did the NCAA overstep their authority? Yes. Is Corbitt a piece of trash politician only doing this as a last ditch effort to save his political career because the people in PA will never reelect him? Yes. If this does not get tossed out, is the NCAA going to get real uncomfortable real quick? Yes. If this goes to court could it get bigger than OJ? I think so. This one is hard to pick because both sides suck! I’m surprised the NCAA not looking for a sponsor this Toilet Bowl.🚽

  8. ravenseattheirownpoop says: Feb 8, 2013 7:46 PM

    Tom Corbett is just trying to cover his own a$$ and get re-elected. He is a no good liar who knew all about Sandusky for years. Yet he decided to cover it up so he could get perks for the idiots running Peda State.

  9. tommy57 says: Feb 8, 2013 11:53 PM

    @wallio,
    I would say that most PA residents west of Altoona believe that everyone at PSU is guilty and, given the authroity, would close the school and transfer the funds to PITT.

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