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State of Pennsylvania suing NCAA UPDATED

  • Here is the whole twitter run from Pete Thamel...

    2hPete Thamel ‏@SIPeteThamel
    Check that. PA is suing the NCAA. Not PSU. Very important distinction.

    2hPete Thamel ‏@SIPeteThamel
    Corbett will reveal the exact nature of the state's claims against NCAA on Wednesday. Could be a watershed case for NCAA.

    2hPete Thamel ‏@SIPeteThamel
    As I wrote this am, PSU officials have no involvement in this suit. It's coming from Governor Corbett's office.

    1hPete Thamel ‏@SIPeteThamel
    Here's official word from governor. RT @AP: Pa. gov says he'll sue NCAA over hefty Penn State sanctions after Sandusky child abuse scandal.

    1hPete Thamel ‏@SIPeteThamel
    Governor's press conference to announce state of PA suit against NCAA will be Wednesday at 11 a.m. at Nittany Lion Inn.

    1hPete Thamel ‏@SIPeteThamel
    Gov's office being vague on suit, but it's expected to combat all NCAA sanctions against PSU. Not just use of $60 million fine.

    1hPete Thamel ‏@SIPeteThamel
    Since folks have asked, the State of PA suit against the NCAA will be in federal court.

    panic

    Edit/update: J. Mark Horgas ‏@MarkHorgas
    "Buckle up" NCAA because new lawsuit coming from Paterno Family & #PennState FB Lettermen Lawyer Paul Kelly. See bio. http://www.jacksonlewis.com/people.php?PeopleID=1975 …

    This post was edited by ejb5212 on 1/9/2013 at 7:45 PM

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    'Just to make it clear, I'm not transferring, I like it here too damn much to leave.' Jordan Kerner

    ejb5212

  • It's a big deal.

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    For God and Country Geronimo Geronimo Geronimo... Navy Seal team leader after mission complete and the killing of Bin Laden.

    BamaShack

  • BamaShack said...

    It's a big deal.

    Very very big deal, especially that the state is doing it compared to the university.

    signature image

    'Just to make it clear, I'm not transferring, I like it here too damn much to leave.' Jordan Kerner

    ejb5212

  • Meh, still want to wait to see exactly what the purpose of this lawsuit is. My guess is that it's mostly about the money and I'd be a little surprised if it's truly about challenging the sanctions. NCAA told PA that only 25% of money will go towards PA programs, and shortly afterward this suit comes out.

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    psubills62

  • psubills62 said...

    Meh, still want to wait to see exactly what the purpose of this lawsuit is. My guess is that it's mostly about the money and I'd be a little surprised if it's truly about challenging the sanctions. NCAA told PA that only 25% of money will go towards PA programs, and shortly afterward this suit comes out.

    NCAA will back down because they dont want anything in court. Anything that could be a ding to the NCAAs power is something they want to avoid

    mmusi34

  • Good! Good!

    attachment

    lounge fly

    tired ●

  • Just had the press conference (still answering some questions).

    Basically, said the NCAA was way out of its jurisdiction, that it forced PSU to accept the sanctions, and that they'd be challenging the entirety of the sanctions. Still shady IMO, but could be interesting.

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    psubills62

  • It just got real. Here is the live update thread on Lions247. Could be a landmark case.

    LIVE from Corbett's press conference

    A few minutes from the start here at the Nittany Lion Inn. Ill post updates as they become available.

    pennstate.247sports.com

    getmyjive11 ●

  • psubills62 said...

    Just had the press conference (still answering some questions).

    Basically, said the NCAA was way out of its jurisdiction, that it forced PSU to accept the sanctions, and that they'd be challenging the entirety of the sanctions. Still shady IMO, but could be interesting.

    Why is it shady? The NCAA had no business in this mess. However, this should have been done four months ago, not five or six months after the fact. This is a political ploy from Corbett. It's the only way he can get re-elected ... get the PSU supporters and alums that he pissed off back on his side. That is a large number of voters right there.

    Hamilton Lion ●

  • Hamilton Lion said...

    Why is it shady? The NCAA had no business in this mess. However, this should have been done four months ago, not five or six months after the fact. This is a political ploy from Corbett. It's the only way he can get re-elected ... get the PSU supporters and alums that he pissed off back on his side. That is a large number of voters right there.

    "Shady" meaning I still don't believe Corbett wants to totally get rid of the sanctions. He seems to have no problem with the financial penalty of $60m, as long as it's spent in state. That seems contradictory to wanting to get rid of "all" the sanctions.

    So yes, I agree that it's a political ploy. Which makes me wary about what kind of settlement might satisfy him. However, if they can manage to reduce the sanctions, I'll take it.

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    psubills62

  • Hamilton Lion said...

    Why is it shady? The NCAA had no business in this mess.

    What? lol

    TNoles813

  • TNoles813 said...

    What? lol

    What part are you laughing at? How many criminal cases has the NCAA sanctioned a school for?

    getmyjive11 ●

  • Don't know about anyone else, but really don't feel like rehashing that discussion for the 1000th time.

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    psubills62

  • PSU covered up child rape for two decades to benefit their school and football program. So tell me why the NCAA shouldn't be evolved?

    "People always ask me if I wish I were bigger. I tell them no. I always wanted to be a miniature badass." Dustin Pedroia

    El Guapo ●

  • El Guapo said...

    So tell me why the NCAA shouldn't be evolved?

    Haven't got enough EXP points for evolution IMO

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    #DicedPineapples

    shavisimo2 ●

  • shavisimo2 said...

    Haven't got enough EXP points for evolution IMO

    So they still haven't graduated from "Basic tools" class?

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    psubills62

  • Lol Penn state signed a legal document agreeing to the sanctions, the ncaa has been sued for anti-trust reasons before and it has always been ruled that they are a voluntary organization. If the school doesnt agree they can always leave

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    InTresslWeTrust

  • InTresslWeTrust said...

    Lol Penn state signed a legal document agreeing to the sanctions, the ncaa has been sued for anti-trust reasons before and it has always been ruled that they are a voluntary organization. If the school doesnt agree they can always leave

    Corbett contended that the NCAA forced PSU's interim president to sign the consent decree.

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    psubills62

  • This is Corbett doing PR work as the new AG will be up his ass in two weeks..

    I assume Corbett will be investigating himself as to his involvement in the scandal as well????

    Graham Spanier will have no issue popping the lid off this one once the new AG calls him to the stand to bury Corbett.

    Total waste of money and resources - but to PSU fans - this is a false glimmer of hope to lift sanctions which is not going to happen.

    Leppycole ●

  • psubills62 said...

    Corbett contended that the NCAA forced PSU's interim president to sign the consent decree.

    i heard he was drunk off his ass when he did

    signature image signature image

    InTresslWeTrust

  • Leppycole said...

    This is Corbett doing PR work as the new AG will be up his ass in two weeks..

    I assume Corbett will be investigating himself as to his involvement in the scandal as well????

    Graham Spanier will have no issue popping the lid off this one once the new AG calls him to the stand to bury Corbett.

    Total waste of money and resources - but to PSU fans - this is a false glimmer of hope to lift sanctions which is not going to happen.

    I agree that it's political, but I wouldn't say there's no chance that the sanctions could at least be reduced. Corbett knows where his bread is buttered and depending on the strength of the case (details have not been released), NCAA may want to settle out of court. Which should lead to a reduction of sanctions.

    Given how quickly the NCAA acted after Freeh's report came out (11 days), I can't believe they'd have received better and more thorough counsel than the state of PA did over the course of the last 4-5 months.

    We'll see. Don't really want to get my hopes up about it, but it does seem possible that something will happen.

    signature image

    psubills62

  • InTresslWeTrust said...

    Lol Penn state signed a legal document agreeing to the sanctions, the ncaa has been sued for anti-trust reasons before and it has always been ruled that they are a voluntary organization. If the school doesnt agree they can always leave

    You should leave the legal analysis to the experts. The last time the NCAA was sued under the Sherman Act (i.e. U.S. antitrust law) it lost. The NCAA is clearly a monopoly and as a monopoly is limited in how it can exercise its monopoly power. The fact that it is a "voluntary" membership organization is irrelevant. The NCAA is the only game in town and PSU must belong to the NCAA to participate in major college football. The NCAA should be very concerned about this lawsuit.

    http://en.m.wikipedia.org/wiki/NCAA_v._Board_of_Regents_of_Univ._of_Oklahoma

    MrWoodson ●

  • MrWoodson said...

    You should leave the legal analysis to the experts. The last time the NCAA was sued under the Sherman Act (i.e. U.S. antitrust law) it lost. The NCAA is clearly a monopoly and as a monopoly is limited in how it can exercise its monopoly power. The fact that it is a "voluntary" membership organization is irrelevant. The NCAA is the only game in town and PSU must belong to the NCAA to participate in major college football. The NCAA should be very concerned about this lawsuit.

    http://en.m.wikipedia.org/wiki/NCAA_v._Board_of_Regents_of_Univ._of_Oklahoma

    Yep. One thing that Erickson did, right after he signed the consent decree was to tell the public that he was forced into doing so or PSU would get the death penalty. There is an ESPN article detailing the events leading up to that decision which backs that claim. I'm sure that this will be used by PA in the case.

    And, correct me if I'm wrong, but I don't believe that a state has ever brought a case up against the NCAA.

    getmyjive11 ●

  • getmyjive11 said...

    Yep. One thing that Erickson did, right after he signed the consent decree was to tell the public that he was forced into doing so or PSU would get the death penalty. There is an ESPN article detailing the events leading up to that decision which backs that claim. I'm sure that this will be used by PA in the case.

    And, correct me if I'm wrong, but I don't believe that a state has ever brought a case up against the NCAA.

    I don't know the answer to your last question, but it really doesn't matter who is bringing the case except that the state obviously has tremendous legal, financial and political resources upon which to draw that an average private complainant doesn't have. The law basically says that any monopoly (which the NCAA has been previously determined by the U.S. Supreme Court to be) cannot exercise its monopoly power in an unfair or unreasonable way. The argument here is that the NCAA inherently acted unfairly and unreasonably by throwing out its own rules and procedures and by doing so it has harmed the Commonwealth of Pennsylvania and many of its residents. I find it interesting that the complaint works in the NCAA's controversial practice of licensing players' likenesses for profit. That is huge issue hanging over the NCAA's head right now and it's one more reason I can't imagine the NCAA wanting this case to ever go to trial.

    This post has been edited 2 times, most recently by MrWoodson on 1/2/2013 at 1:11 PM

    MrWoodson ●

  • psubills62 said...

    I agree that it's political, but I wouldn't say there's no chance that the sanctions could at least be reduced. Corbett knows where his bread is buttered and depending on the strength of the case (details have not been released), NCAA may want to settle out of court. Which should lead to a reduction of sanctions.

    Given how quickly the NCAA acted after Freeh's report came out (11 days), I can't believe they'd have received better and more thorough counsel than the state of PA did over the course of the last 4-5 months.

    We'll see. Don't really want to get my hopes up about it, but it does seem possible that something will happen.

    The issue for the state is proclamation of reason - if it is driven by a financial hardship in relation to attendance at football games than they may have a case as PSU is semi private and relies on the money generated by the football team to fund other programs.

    The state however has no legs considering the NCAA is an association with membership privileges that come with conditions and penalties based on votes - other institutions voted and agreed the NCAA was justified in their decision. The statement that will be made is that PSU has the option to leave the NCAA - but that would be suicide.

    Leppycole ●

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