FanPost

Paterno lawsuit moves forward (in part)

http://co.centre.pa.us/centreco/media/upload/PATERNO%20VS%20NCAA%20OPINION%20AND%20ORDER%20REGARDING%20PRELIMINARY%20OBJECTIONS.pdf

The link takes you to Judge John Leete's opinion in the Paterno lawsuit. A quick breakdown would be that in regard to the contractual claims (consent decree/ sanctions), Judge Leete determined that PSU was an indispensable party to the suit and is giving them 30 days to file an amended complaint, if they so wish, adding PSU to the suit. Because PSU is an indispensable party, he declined to rule on the issue of standing in this matter. If and amended complaint were filed adding PSU, he would determine whether or not the Plaintiff's had standing. Based on the opinion, it seems to me that even if PSU were added (which I do not see happening) the Judge would find no standing on this issue.

The defamation claim for Trustee Clemens and the former coaches will move on to discovery. The other defamation claims were dismissed.

The claims of commercial disparagement and civil conspiracy will move on to discovery.

Essentially, the part of the lawsuit dealing with the consent decree and sanctions is out. The remedy for the claims that remain after today's decision is monetary damages. While it may seem on the surface that this is disappointing as some were looking to have the sanctions wiped out by this lawsuit, and that won't happen, the ruling is a win for the plaintiffs. By allowing the remaining claims to move forward the door is now open for the attorneys to proceed with discovery and you can be sure that they will want quickly depose Emmert, Ray, Freeh and many others (please understand that when I say quickly I mean quickly in legal terms with could be weeks or months). They will also be able to request production of documents prior to the depositions so that they will have all sorts of interesting questions to ask these clowns.

Depositions usually take place in an undisclosed office somewhere so it is unlikely we will know when or where they are taking place. We also may not find out what is said during the deps, unless one side decides to leak the information.

An out of court settlement could take place as I'm sure that neither the NCAA nor Freeh and his boys want to be deposed. What they have to offer that the Plaintiffs want is the question. They could offer to reinstate the wins and a boatload of money, but I can't imagine that is what the Plaintiffs are seeking. Even though their chances of success in this lawsuit is slim they can raise a lot of hell through discovery and I believe this is the path they will take. Regardless of how this ultimately plays out, today's ruling by Judge Leete means shit is about to get interesting (and not in a weird coaching search board meltdown kind of way).

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