This ruling is only about the Paterno Family Lawsuit and has mixed results on both the Paternos and Penn State with the NCAA! The Paterno's cannot continue their Lawsuit on Breach of Contract against the NCAA or Penn State. However, they can still pursue Discovery against some College Presidents (Five In Total), that were part of the NCAA Executive Board on a Conspiracy Allegation. However, that is the two way street when it can reveal the Penn State violations involving the Freeh Report and Paterno's participation in the Obstruction of Justice Email Cover Up as well as Non-Compliance with Big Ten Athletic Integrity Agreement, No Code of Athletes Conduct, Clery & Title IX Violations. The McQueary-Penn State Lawsuit is still continuing too.
This could potentially open the current Three Children Molestation Cases to filing damages against the Paterno Family Estate as well. The NCAA also won Protective Gag Orders on other material that will not be allowed to be released. What could potentially damaging even if the Depositions take place as Paterno Legal Team said they will depose these witnesses. Is the fact, that there was a lack of Institutional Control and why the Consent Decree was issued in the first place and the Sanctions still stood for 2 years even under the Corman Settlement that removed part of them. Once these Depositions take place the Judge can rule at that time if any further Cause of Actions can go forward to Trial.
If more comes out I will update under this Link so has not cloud the Board with the ever continuing Penn State Scandal Lawsuits filed by the Paternos and now Spanier, Curley, and Schultz. The Criminal Cases against Spainer, Curley, and Schultz have been delayed as some of Judge Hoover's Trial Rulings continue with Appeals to Higher Courts in Superior and Supreme Court and that could take another year.
Once again, there has been no Public Disclosure as required by the Department of Education own procedures on reporting Penn State University responses to the 1200 Pages Clery Act Investigation Violations and no Public Disclosure on the current Department of Justice Title IX Investigations that separate from the Clery Act Investigation. It must be duly noted that Penn State University was not in compliance with the Clery Act or Title IX or Big Ten Athletic Integrity Agreement with an Athletic Integrity Officer and Director Of Ethics and Compliance until 2012.
This was really the majority of the Freeh Report Findings and Recommendations as well as what the NCAA Monitor oversaw to put Penn State University into Compliance and they did such a great job according to John Mitchell was why the NCAA reduced the Sanctions but kept the two Years they were on Sanctions. This was separate form the Corman Settlement that removed the Vacated Wins and let the NCAA $60 Million Fine remain in Pennsylvania.
In summary, it is my analysis and welcome others that may differ. The commercial disparagement, defamation, and civil conspiracy remain only for Discovery and as stated can cut both ways. The Paterno's especially Jay and Assistant Coach Kenny can be deposed as well. The NCAA will have to attack Paterno's Complicity as reported by Freeh Report but the NCAA may choose to avoid that too, since they removed the Vacated Wins?
One reason why Corman settled as well is that those Discovery Rulings were denied in Corman's own lawsuit, so it is difficult to see Paterno's prevailing now. The Corman Lawsuit Settlement looks like it undercut the Paterno case as well. Unless they uncover something they can actually use to support their claims in further discovery of the 5 Presidents but as stated they are now open to being deposed and may not want some negative information on them to be made public.
Additionally, the Paterno family is so deep with Legal Fees they will continue to pursue a far weaker case now against the NCAA. In hopes of uncovering something the NCAA does not want to admit, but that is a fishing expedition, and many times you catch no fish?
Nonetheless, in order to make it go away since the NCAA may want to avoid a Trial in Centre County (Penn State Territory) the NCAA may agree to pay for some Paterno Legal Fees as way to settle and that way the Paterno's save some face.
Consequently, the principal part of the Paterno Complaint of Breach of Contract is now gone unless the Paterno's Appeal that Judges ruling and that can take months too. Still, this is what Judges often do by splitting some rulings in order to foster a settlement between parties to seek a mutual accomodation.
Here are The Links from Two Newspapers & Yahoo Sports:
YAHOO SPORTS:
Paterno estate's contract breach lawsuit tossed again
HARRISBURG, Pa. (AP) -- The family of the late Penn State football coach Joe Paterno can't sue the NCAA and the university for breach of contract for their actions in response to the Jerry Sandusky sex abuse scandal, a Pennsylvania judge on Monday ruled for a second time.
Judge John Leete said an amended lawsuit filed by Paterno's family repeated the breach-of-contract claim that he had previously dismissed. ''Plaintiffs are not amending their complaint to include a new cause of action or even a new theory of an existing cause of action; rather they are attempting to resurrect a claim on which this court already dismissed,'' Leete wrote.
The estate had argued that the NCAA and university violated Paterno's rights through their investigations into how the Sandusky matter was handled, and statements in their 2012 consent decree that made harsh judgments about Paterno's actions. Despite the ruling, other aspects of the lawsuit will continue to move forward. Paterno's estate is suing the NCAA defendants for commercial disparagement, saying the consent decree made false and defamatory statements that damaged commercial interests and value.
On Monday, Leete also turned down the Paternos' request to let them make public more of the material they are getting from the NCAA. And he rejected a request from the NCAA that would have required the Paterno estate's lawyers to conduct depositions of some people before they issue subpoenas.Spokesman Dan McGinn said the Paterno family viewed the decision on subpoenas to be the most important aspect of the judge's six-page opinion and order. 'What's run through this whole deal is our commitment to finding the truth,'' McGinn said. ''We need access to information. We need to bring daylight to this.''
Paterno died of complications from lung cancer in January 2012, about two months after Sandusky, a former assistant coach, was first charged with child sexual abuse. Sandusky, who maintains his innocence, is serving a 30- to 60-year sentence in state prison. The next step in his criminal case is expected to be the filing of an appeal in county court under the state's Post Conviction Relief Act.
The NCAA issued a statement that said Leete's decision means the organization did not breach any obligation it owned Paterno, under its rules, when it and Penn State entered into the consent decree. The NCAA's top lawyer said it would ''continue to defend vigorously'' what remained of the lawsuit. The lawsuit before Leete once included former players, faculty members and several university trustees but has been pared down.
The remaining plaintiffs include former assistants Bill Kenney and Jay Paterno, the former head coach's son, who claim the NCAA's actions have kept them from finding comparable jobs in football since being released by the Nittany Lions football program. Former trustee Al Clemens is pursuing a breach of contract allegation against the NCAA and Penn State.
Clemens, Kenney and Jay Paterno allege they were defamed by the NCAA defendants in the consent decree and in a university-commissioned report by former FBI director Louis Freeh that criticized trustees for lack of oversight and ''some coaches'' for ignoring red flags about Sandusky's behavior.
Those three and the Paterno estate also allege they were victims of a civil conspiracy by the NCAA.
Leete did not rule on whether NCAA officials Mark Emmert and Ed Ray are properly named as defendants in the case. The judge said he will schedule that matter separately ''as necessary.'' A Penn State spokeswoman declined comment.
LINK:
http://sports.yahoo.com/news/judge-again-rules-joe-paterno-cant-sue-contract-195505996--ncaaf.html
PennLive Patriot News:
Both sides in Paterno estate suit against NCAA see win in latest ruling
BELLEFONTE - A Potter County judge ruled Monday Joe Paterno's survivors don't have standing to directly contest the now-lifted NCAA sanctions levied against Penn State. But that doesn't mean this emotionally-freighted case is over.
Not by a long shot. Paterno family attorneys vowed to press on with efforts to force the NCAA, Penn State and, by extension, Louis Freeh, into the fullest disclosure yet of how key decisions that followed the Jerry Sandusky child sex abuse scandal were made. They'll do that, they said, via a still-pending count alleging a civil conspiracy between the NCAA, Penn State and the Freeh
Group to punish Penn State outside normal association procedures.That conspiracy, the plaintiffs say, still effectively denied the remaining plaintiffs due process in challenging damning Sandusky-related allegations that unfairly harmed hard-won reputations."Our purpose from the beginning was to uncover the truth in this tragic case," Paterno attorney Wick Sollers said in a statement. "We believe the full record of what transpired between the university, Louis Freeh and the NCAA should be made public. With this ruling, we can proceed with discovery in a timely manner."
But attorneys for the NCAA argued Leete's ruling was a victory for their side in that it continues to narrow the scope of the case and will ultimately make it harder for the Paterno estate to prevail. "We look forward to proceeding on the plaintiffs' remaining claims, which we will continue to defend vigorously," said NCAA Chief Legal Officer Donald Remy.
Leete did flatly reject Monday a Paterno family bid to essentially reinsert the late coach's estate as an "involved party" to the consent decree suit, which would have permitted them to pursue a breach of contract claim. He left stand an order that will effectively keep most of the documents and deposition testimony taken in the months to come under wraps.
But Leete also granted the Paternos, in the claims they have left, the latitude to start issuing subpoenas to some of the college and university presidents who served on NCAA boards as the Penn State punishments were developed.
More than anything, attorneys familiar with the case predicted, Leete's ruling sets up a long period of evidence gathering as both sides seek to build their case. Much of the history of the consent decree was fleshed out this winter in a now-settled suit brought by Senate Majority Leader Jake Corman, R-Centre County, in 2013.
The Corman / NCAA settlement rolled back most remaining punishments and, in restoring 112 Penn State football victories to the record books, reaffirmed Joe Paterno's place as the all-time collegiate wins leader.
But Paterno's estate - drawing support from legions of the former coach's fans who feel the Corman settlement did not go far enough - believes that with hard-earned reputations still sullied, there's more to learn about the interface between Penn State trustees, the Freeh firm and the NCAA.
They want to learn more about the making of Freeh's report that found, in one of its most controversial assertions, that top Penn State leaders including Joe Paterno "failed to protect against a child sexual predator (Paterno's longtime assistant coach, Sandusky) harming children for over a decade." As estate attorney Joseph Loveland put it in oral arguments this winter, one of their essential questions is: "What in the world are you basing that on?"
The NCAA, meanwhile, could conceivably pursue sensitive questions of its own. If Freeh's report is central to the case, its attorneys could attempt a deeper dive into former Penn State Athletic Director Tim Curley's self-referenced 2001 conversation with Joe Paterno about how the university should handle then-graduate assistant Mike McQueary's eyewitness report against Sandusky. Former Penn State President Graham Spanier, Curley and former Senior Vice President Gary Schultz, are battling criminal charges for their actions with regard to allegations made against Sandusky. Paterno, who died in January 2012, months before the Freeh Report was completed, was never charged with a crime.
For now, both sides insist they have a lot of fight left over issues including whether the NCAA had any right to weigh in on the Sandusky scandal in the first place, and whether it should be forced to pay monetary damages to those harmed along the way. And, of course, the rest of the story.
"We remain mystified why the university and the NCAA are continuing to fight on every front to maintain the extreme secrecy about how they conducted their investigation in this matter that has such strong public interest," Sollers said Monday.
The NCAA, meanwhile, has an interest in turning back an essential challenge to its rarely-tested authority to intervene directly on matters of association-wide import, and potentially, another major public relations blow.
LINK:
http://www.pennlive.com/midstate/index.ssf/2015/03/both_sides_in_paterno_estate_s.html
Centre County Time :
Judge Leete issues split rulings in Paterno lawsuit vs. NCAA, Penn State
Both sides walked away with something after the judge filed a ruling in the Paterno estate's lawsuit Monday.
The family of Joe Paterno, as well as former Penn State trustee Al Clemens and former football coaches Bill Kenney and Jay Paterno, are suing the NCAA, President Mark Emmert, former executive committee chairman Ed Ray and Penn State for breach of contract. The NCAA is also accused of conspiracy, contractual interference, defamation and disparagement.
The charges all rise from actions taken in the wake of the Jerry Sandusky child sex abuse scandal. Potter County Senior Judge John Leete conceded two points to the NCAA. He agreed that the family of the late longtime football coach was attempting to re-litigate an issue he had already addressed in submitting the second amended complaint.
"Further, as NCAA correctly states, although (p)laintiffs were ordered to file an amended complaint to cure specific deficiencies in their first amended complaint, this repleading was not included in that order," he wrote. "... Plaintiffs are not amending their complaint to include a new cause of action or even a new theory of an existing action; rather, they are attempting to resurrect a claim on which this court already dismissed."
Leete then restated his opinion that Paterno was not an "involved individual" at the time of his death in January 2012 and the estate, thus, cannot assert a claim in his place. The NCAA also scored on the issue of the protective order. The estate's attorneys had argued that the information the NCAA released in response to the Commonwealth Court case instigated by state Senate Majority Leader Jake Corman, whose attorneys made many documents public by filing them as attached exhibits, made for an uneven playing field. They asked to have the order, issued in September 2014, modified to allow release of any information not deemed "confidential" or "highly confidential."
"Plaintiffs do not provide any authority to support the claim that disclosure in one case necessitates disclosure in another," wrote Leete, keeping the order in place. But where the Paternos did get a victory was with permission to proceed with their depositions of a slate of university presidents who served on the NCAA's executive committee.
"During oral argument, defendants stated that they believed plaintiffs should depose others before the subjects of the subpoenas. It was proffered that this claim is based upon the inconvenience and expense involved with deposing the subjects of the subpoenas," wrote the judge. "However, they offered no authority to support such a claim. Further, this court is unaware of any legal maxim, case law or statutory requirement that allows a defendant to dictate in what order a plaintiff may depose witnesses."
Lori Falce can be reached at 235-3910. Follow her on Twitter @LoriFalce.LINK:
http://www.centredaily.com/2015/03/30/4678555_judge-leete-issues-split-rulings.html?rh=1
This post was edited on 3/31 9:30 AM by CaptainSidneyReilly
This could potentially open the current Three Children Molestation Cases to filing damages against the Paterno Family Estate as well. The NCAA also won Protective Gag Orders on other material that will not be allowed to be released. What could potentially damaging even if the Depositions take place as Paterno Legal Team said they will depose these witnesses. Is the fact, that there was a lack of Institutional Control and why the Consent Decree was issued in the first place and the Sanctions still stood for 2 years even under the Corman Settlement that removed part of them. Once these Depositions take place the Judge can rule at that time if any further Cause of Actions can go forward to Trial.
If more comes out I will update under this Link so has not cloud the Board with the ever continuing Penn State Scandal Lawsuits filed by the Paternos and now Spanier, Curley, and Schultz. The Criminal Cases against Spainer, Curley, and Schultz have been delayed as some of Judge Hoover's Trial Rulings continue with Appeals to Higher Courts in Superior and Supreme Court and that could take another year.
Once again, there has been no Public Disclosure as required by the Department of Education own procedures on reporting Penn State University responses to the 1200 Pages Clery Act Investigation Violations and no Public Disclosure on the current Department of Justice Title IX Investigations that separate from the Clery Act Investigation. It must be duly noted that Penn State University was not in compliance with the Clery Act or Title IX or Big Ten Athletic Integrity Agreement with an Athletic Integrity Officer and Director Of Ethics and Compliance until 2012.
This was really the majority of the Freeh Report Findings and Recommendations as well as what the NCAA Monitor oversaw to put Penn State University into Compliance and they did such a great job according to John Mitchell was why the NCAA reduced the Sanctions but kept the two Years they were on Sanctions. This was separate form the Corman Settlement that removed the Vacated Wins and let the NCAA $60 Million Fine remain in Pennsylvania.
In summary, it is my analysis and welcome others that may differ. The commercial disparagement, defamation, and civil conspiracy remain only for Discovery and as stated can cut both ways. The Paterno's especially Jay and Assistant Coach Kenny can be deposed as well. The NCAA will have to attack Paterno's Complicity as reported by Freeh Report but the NCAA may choose to avoid that too, since they removed the Vacated Wins?
One reason why Corman settled as well is that those Discovery Rulings were denied in Corman's own lawsuit, so it is difficult to see Paterno's prevailing now. The Corman Lawsuit Settlement looks like it undercut the Paterno case as well. Unless they uncover something they can actually use to support their claims in further discovery of the 5 Presidents but as stated they are now open to being deposed and may not want some negative information on them to be made public.
Additionally, the Paterno family is so deep with Legal Fees they will continue to pursue a far weaker case now against the NCAA. In hopes of uncovering something the NCAA does not want to admit, but that is a fishing expedition, and many times you catch no fish?
Nonetheless, in order to make it go away since the NCAA may want to avoid a Trial in Centre County (Penn State Territory) the NCAA may agree to pay for some Paterno Legal Fees as way to settle and that way the Paterno's save some face.
Consequently, the principal part of the Paterno Complaint of Breach of Contract is now gone unless the Paterno's Appeal that Judges ruling and that can take months too. Still, this is what Judges often do by splitting some rulings in order to foster a settlement between parties to seek a mutual accomodation.
Here are The Links from Two Newspapers & Yahoo Sports:
YAHOO SPORTS:
Paterno estate's contract breach lawsuit tossed again
HARRISBURG, Pa. (AP) -- The family of the late Penn State football coach Joe Paterno can't sue the NCAA and the university for breach of contract for their actions in response to the Jerry Sandusky sex abuse scandal, a Pennsylvania judge on Monday ruled for a second time.
Judge John Leete said an amended lawsuit filed by Paterno's family repeated the breach-of-contract claim that he had previously dismissed. ''Plaintiffs are not amending their complaint to include a new cause of action or even a new theory of an existing cause of action; rather they are attempting to resurrect a claim on which this court already dismissed,'' Leete wrote.
The estate had argued that the NCAA and university violated Paterno's rights through their investigations into how the Sandusky matter was handled, and statements in their 2012 consent decree that made harsh judgments about Paterno's actions. Despite the ruling, other aspects of the lawsuit will continue to move forward. Paterno's estate is suing the NCAA defendants for commercial disparagement, saying the consent decree made false and defamatory statements that damaged commercial interests and value.
On Monday, Leete also turned down the Paternos' request to let them make public more of the material they are getting from the NCAA. And he rejected a request from the NCAA that would have required the Paterno estate's lawyers to conduct depositions of some people before they issue subpoenas.Spokesman Dan McGinn said the Paterno family viewed the decision on subpoenas to be the most important aspect of the judge's six-page opinion and order. 'What's run through this whole deal is our commitment to finding the truth,'' McGinn said. ''We need access to information. We need to bring daylight to this.''
Paterno died of complications from lung cancer in January 2012, about two months after Sandusky, a former assistant coach, was first charged with child sexual abuse. Sandusky, who maintains his innocence, is serving a 30- to 60-year sentence in state prison. The next step in his criminal case is expected to be the filing of an appeal in county court under the state's Post Conviction Relief Act.
The NCAA issued a statement that said Leete's decision means the organization did not breach any obligation it owned Paterno, under its rules, when it and Penn State entered into the consent decree. The NCAA's top lawyer said it would ''continue to defend vigorously'' what remained of the lawsuit. The lawsuit before Leete once included former players, faculty members and several university trustees but has been pared down.
The remaining plaintiffs include former assistants Bill Kenney and Jay Paterno, the former head coach's son, who claim the NCAA's actions have kept them from finding comparable jobs in football since being released by the Nittany Lions football program. Former trustee Al Clemens is pursuing a breach of contract allegation against the NCAA and Penn State.
Clemens, Kenney and Jay Paterno allege they were defamed by the NCAA defendants in the consent decree and in a university-commissioned report by former FBI director Louis Freeh that criticized trustees for lack of oversight and ''some coaches'' for ignoring red flags about Sandusky's behavior.
Those three and the Paterno estate also allege they were victims of a civil conspiracy by the NCAA.
Leete did not rule on whether NCAA officials Mark Emmert and Ed Ray are properly named as defendants in the case. The judge said he will schedule that matter separately ''as necessary.'' A Penn State spokeswoman declined comment.
LINK:
http://sports.yahoo.com/news/judge-again-rules-joe-paterno-cant-sue-contract-195505996--ncaaf.html
PennLive Patriot News:
Both sides in Paterno estate suit against NCAA see win in latest ruling
BELLEFONTE - A Potter County judge ruled Monday Joe Paterno's survivors don't have standing to directly contest the now-lifted NCAA sanctions levied against Penn State. But that doesn't mean this emotionally-freighted case is over.
Not by a long shot. Paterno family attorneys vowed to press on with efforts to force the NCAA, Penn State and, by extension, Louis Freeh, into the fullest disclosure yet of how key decisions that followed the Jerry Sandusky child sex abuse scandal were made. They'll do that, they said, via a still-pending count alleging a civil conspiracy between the NCAA, Penn State and the Freeh
Group to punish Penn State outside normal association procedures.That conspiracy, the plaintiffs say, still effectively denied the remaining plaintiffs due process in challenging damning Sandusky-related allegations that unfairly harmed hard-won reputations."Our purpose from the beginning was to uncover the truth in this tragic case," Paterno attorney Wick Sollers said in a statement. "We believe the full record of what transpired between the university, Louis Freeh and the NCAA should be made public. With this ruling, we can proceed with discovery in a timely manner."
But attorneys for the NCAA argued Leete's ruling was a victory for their side in that it continues to narrow the scope of the case and will ultimately make it harder for the Paterno estate to prevail. "We look forward to proceeding on the plaintiffs' remaining claims, which we will continue to defend vigorously," said NCAA Chief Legal Officer Donald Remy.
Leete did flatly reject Monday a Paterno family bid to essentially reinsert the late coach's estate as an "involved party" to the consent decree suit, which would have permitted them to pursue a breach of contract claim. He left stand an order that will effectively keep most of the documents and deposition testimony taken in the months to come under wraps.
But Leete also granted the Paternos, in the claims they have left, the latitude to start issuing subpoenas to some of the college and university presidents who served on NCAA boards as the Penn State punishments were developed.
More than anything, attorneys familiar with the case predicted, Leete's ruling sets up a long period of evidence gathering as both sides seek to build their case. Much of the history of the consent decree was fleshed out this winter in a now-settled suit brought by Senate Majority Leader Jake Corman, R-Centre County, in 2013.
The Corman / NCAA settlement rolled back most remaining punishments and, in restoring 112 Penn State football victories to the record books, reaffirmed Joe Paterno's place as the all-time collegiate wins leader.
But Paterno's estate - drawing support from legions of the former coach's fans who feel the Corman settlement did not go far enough - believes that with hard-earned reputations still sullied, there's more to learn about the interface between Penn State trustees, the Freeh firm and the NCAA.
They want to learn more about the making of Freeh's report that found, in one of its most controversial assertions, that top Penn State leaders including Joe Paterno "failed to protect against a child sexual predator (Paterno's longtime assistant coach, Sandusky) harming children for over a decade." As estate attorney Joseph Loveland put it in oral arguments this winter, one of their essential questions is: "What in the world are you basing that on?"
The NCAA, meanwhile, could conceivably pursue sensitive questions of its own. If Freeh's report is central to the case, its attorneys could attempt a deeper dive into former Penn State Athletic Director Tim Curley's self-referenced 2001 conversation with Joe Paterno about how the university should handle then-graduate assistant Mike McQueary's eyewitness report against Sandusky. Former Penn State President Graham Spanier, Curley and former Senior Vice President Gary Schultz, are battling criminal charges for their actions with regard to allegations made against Sandusky. Paterno, who died in January 2012, months before the Freeh Report was completed, was never charged with a crime.
For now, both sides insist they have a lot of fight left over issues including whether the NCAA had any right to weigh in on the Sandusky scandal in the first place, and whether it should be forced to pay monetary damages to those harmed along the way. And, of course, the rest of the story.
"We remain mystified why the university and the NCAA are continuing to fight on every front to maintain the extreme secrecy about how they conducted their investigation in this matter that has such strong public interest," Sollers said Monday.
The NCAA, meanwhile, has an interest in turning back an essential challenge to its rarely-tested authority to intervene directly on matters of association-wide import, and potentially, another major public relations blow.
LINK:
http://www.pennlive.com/midstate/index.ssf/2015/03/both_sides_in_paterno_estate_s.html
Centre County Time :
Judge Leete issues split rulings in Paterno lawsuit vs. NCAA, Penn State
Both sides walked away with something after the judge filed a ruling in the Paterno estate's lawsuit Monday.
The family of Joe Paterno, as well as former Penn State trustee Al Clemens and former football coaches Bill Kenney and Jay Paterno, are suing the NCAA, President Mark Emmert, former executive committee chairman Ed Ray and Penn State for breach of contract. The NCAA is also accused of conspiracy, contractual interference, defamation and disparagement.
The charges all rise from actions taken in the wake of the Jerry Sandusky child sex abuse scandal. Potter County Senior Judge John Leete conceded two points to the NCAA. He agreed that the family of the late longtime football coach was attempting to re-litigate an issue he had already addressed in submitting the second amended complaint.
"Further, as NCAA correctly states, although (p)laintiffs were ordered to file an amended complaint to cure specific deficiencies in their first amended complaint, this repleading was not included in that order," he wrote. "... Plaintiffs are not amending their complaint to include a new cause of action or even a new theory of an existing action; rather, they are attempting to resurrect a claim on which this court already dismissed."
Leete then restated his opinion that Paterno was not an "involved individual" at the time of his death in January 2012 and the estate, thus, cannot assert a claim in his place. The NCAA also scored on the issue of the protective order. The estate's attorneys had argued that the information the NCAA released in response to the Commonwealth Court case instigated by state Senate Majority Leader Jake Corman, whose attorneys made many documents public by filing them as attached exhibits, made for an uneven playing field. They asked to have the order, issued in September 2014, modified to allow release of any information not deemed "confidential" or "highly confidential."
"Plaintiffs do not provide any authority to support the claim that disclosure in one case necessitates disclosure in another," wrote Leete, keeping the order in place. But where the Paternos did get a victory was with permission to proceed with their depositions of a slate of university presidents who served on the NCAA's executive committee.
"During oral argument, defendants stated that they believed plaintiffs should depose others before the subjects of the subpoenas. It was proffered that this claim is based upon the inconvenience and expense involved with deposing the subjects of the subpoenas," wrote the judge. "However, they offered no authority to support such a claim. Further, this court is unaware of any legal maxim, case law or statutory requirement that allows a defendant to dictate in what order a plaintiff may depose witnesses."
Lori Falce can be reached at 235-3910. Follow her on Twitter @LoriFalce.LINK:
http://www.centredaily.com/2015/03/30/4678555_judge-leete-issues-split-rulings.html?rh=1
This post was edited on 3/31 9:30 AM by CaptainSidneyReilly
