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.