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NCAA requests that Paterno family lawsuit be dismissed

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From our “no kidding” file, we bring you the following.

In a release, the NCAA has requested the lawsuit filed by the estate of Joe Paterno and others in late May be dismissed “due to a lack of legal standing, a failure to add necessary defendants, and various significant legal deficiencies.” The request comes a year to the day after NCAA president Mark Emmert was given unprecedented authority to levy numerous sanctions against Penn State in the aftermath of the Jerry Sandusky scandal and the Freeh Report which followed.

You can read more of the NCAA’s request HERE.

The Paterno family’s lawsuit claims, among other things, that Emmert and the NCAA essentially forced Penn State’s hand into signing a consent decree for sanctioning based on the Freeh Report. By doing so, the plaintiffs believe the NCAA failed to follow its own rules. The Association, as one would expect, objects to that line of thought.

“Penn State leaders determined the consent decree was the best course for the university and its community to put the devastating Sandusky affair behind them,” Donald Remy, the NCAA’s Chief Legal Officer, writes.Those who continue to challenge Penn State’s right to make that decision only prolong the pain and delay the recovery.”

A judge already dismissed a case filed by Pennsylvania Gov. Tom Corbett which asked for the NCAA sanctions to be overturned. While the Paterno family suit seeks some similar results, it’s nearly impossible to tell if it will wind up with the same fate as Corbett’s suit.

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13 Responses to “NCAA requests that Paterno family lawsuit be dismissed”
  1. YouMadCauseImStylingOnYou says: Jul 23, 2013 7:03 PM

    Paterno family probably thinks if they win that first lawsuit it will soften the blow of the long line of civil lawsuits that are about to land on the Paterno doorstep. Not going to happen.

    Let’s just drag this out as long as possible. Only another 2 years or so and they’ll catch the Miami investigation for longest waste of time.

  2. dutchman1350 says: Jul 23, 2013 7:08 PM

    Lawsuits against Paterno. Why is it taking so long for the trial against PSU executives? There is NO case. The “victim” in the shower is on record, saying nothing happened. That is why he didn’t testify against Sandusky.

    Paterno was the scapegoat in this Shakespearean tragedy.

  3. cometkazie says: Jul 23, 2013 7:32 PM

    Paterno was a goat, alright, but not a scapegoat.

  4. barkleyblows says: Jul 23, 2013 8:05 PM

    Only Ped State.

  5. jkulha86 says: Jul 23, 2013 8:12 PM

    I’ve been a Penn State fan for 27 years and the Paternos need to just go away. No matter what you do your fathers legacy is forever tarnished, and deservedly so. While you’re at it, take all your psychotic followers with you. The University is heading in the right direction and you’re doing nothing but making yourselves look like fools.

  6. amosalanzostagg says: Jul 23, 2013 11:28 PM

    Dutchman,

    The reason that the felony trial against Spanier, Curley and Schultz is because the defendants have been trying to fade the case so the public won’t take an interest. That won’t happen now that the George Zimmerman trial is over and the talking heads on Cable news need another diversion. The trial will probably start in early August since the judge has finally had it with the defense antics of delaying and dodging court orders on evidence disclosure.

    It’s going to be a State trial with the Democrat AG trying Spanier, Curley, Schultz, Paterno and, in absentia, Gov Corbett. What is sad is that Penn State is going to have to go through the crap, again.

    Some say Paterno is a scapegoat. You have to allow yourself to be a scapegoat. No amount of whining by the Paterno family is going to “rehabilitate” his legacy. JoePa would not have allowed such a monster any where near his grandchildren.
    So why not make ONE phone call to the State Police and be on the record as doing
    the right thing rather than just kick it upstairs to his boss? ONE call and JoePa
    is a saint remembered for his entire body of work rather than those last pathetic
    days.

  7. dutchman1350 says: Jul 24, 2013 7:36 AM

    Stagg – The defendants in this case are the PSU executives. The case has little to do with Sandusky, as it is a perjury trial.

  8. iownyou2 says: Jul 24, 2013 9:25 AM

    Staff- do yourself a favor and look up what paternos boss was the head of (hint psu police) and since I’m sure you don’t know psu police is a state police department. So to put 2 and 2 together for you, he did call the state police.

  9. florida727 says: Jul 24, 2013 10:35 AM

    Gosh, I’m sick of stories about Penn State as they pertain to Sandusky, Paterno, Spanier, etc.

    Ben, I know it’s your job to report news, but can you and John just ignore these stories and let someone else cover them? I love CFT. I look forward to seeing what you guys come up with that’s new every day, but the healing of the Penn State community doesn’t move forward when this story keeps getting “front and center” coverage. If you guys just flat-out refused to write about it, it would slowly go away and the folks at PSU can move forward with their lives instead of constantly being reminded of this horrific occurrence. Sandusky is where he belongs. The PSU execs will get whatever they deserve. But the PSU fan base isn’t getting what they deserve: peace of mind. No one is ever going to forget the victims, but at some point, it’s just time to bury this story and move on.

  10. Ben Kercheval says: Jul 24, 2013 10:53 AM

    You know I can’t do that, florida727. You have the right to click (and not click) and read whatever you want.

    This has been the biggest college football-related story that we’ve seen in… how long? From the initial scandal, to the Paterno firing, to the trial, to the sanctions, to the lawsuits, it is our job to stay on top of the evolution of the story — move it forward, as they say in the biz. Ignoring it would irresponsible and doing so is not going to allow anyone to “heal” any faster.

    If you’re not interested in the story anymore, that’s fine. Keep scrolling every time it comes up.

  11. cometkazie says: Jul 24, 2013 2:47 PM

    I like the news but often a lot of the comments are tiresome.

  12. drewsylvania says: Jul 24, 2013 7:36 PM

    The NCAA vs Paterno. Can they both lose?

  13. tobeexact says: Aug 1, 2013 10:17 AM

    The first thing all the haters on here fail to realize is this
    is a criminal matter period,not an ncaa violation.
    I read all the stories on here and all the criminal suits and or charges against players and coaches and schools every single day. So how would you like it if the ncaa over stepped its authority and started sanctioning every single one of the schools or the one you follow,attend or are an alumni of for
    lack of institutional control for not stopping these players ,coaches or schools from preventing them.
    Because of there all encompassing rule that is so vague that they can use it or claim it anytime they want .
    Yet when you have schools that have committed major ncaa violations and get nothing more then ,you were a bad boy dont do it again.
    You obviously have not read the freeh report either, the entire ncaa sanctions against penn state’s football team are bogus , and without any basis. Mr emmeret over stepped his authority due to nothing more then peer pressure and has stated himself on numerous occasions that there wasnt any violations and that due to the horrific crimes of sandusky , that he felt he had to do something.
    And for all you joe pa haters no one is going to change your mind ,just like you will not change his supporters minds.
    Nor does it change the fact that at the time of the 2001 incident , which by the way was tossed out , second hand reporting laws did not allow him to , they were changed in 2011 and thats when the bimbo ag decided to reopen the case, the same person who Is for gay marriage and refuses to do her job in upholding the current law in pennsylvanian which does not allow it. As an ag you cant pick and choose which laws you want to protect or not protect.
    She is doing the same thing obama is doing, what ever he likes whether the people like it.or not.
    Id like to see what your 80 plus grand parents would do or be capable of understanding about the subjects at hand and understanding them or even knowing they.exist.
    I do believe without a doubt curely and shultz are guilty of.not reporting it and covering up the supposedly 2001 incident. As far as the 98 indecent ,it doesnt matter who knew,it was.reported to the police who in turn took it to the DA who found no evidence what so ever to even hear it in a court of law. All you haters need to grasp in your brains the difference between a criminal case and an ncaa violation one .
    And lets look freeh stating penn state was a football culture school, well then so is every single fbs school out there, that is and was one of the most absurd statements to come
    out of freehs mouth . Anyone can easily look.up penn state’s school history and all of its accomplishments that blow away almost if not any.other fbs school.
    Then lets look at the ncaa and its hypacritical view point , they also stated that penn state was a football only minded
    school,but in the same sentence claimed football and its revenue was a neccasary evil in order to pay for other sports
    in the schools to allow more student athletes to get scholarships that the schools normally wouldnt have the money for. Yet all the while he and the ncaa committee have done nothing but use college football as there cash cow on the backs of the players and the schools in its ranks.
    Last year he signed a 140 million dollar a year contract with espn to air games , then there is the current court battle with them and EA sports illegally using college players names and likeness on video games .
    Lets not forget that emmeret and some of his syracuse alumni work for espn.
    He is a hypacrit and a sorry excuse for a man.

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