(AP) Judge tosses lawsuit by Pa. governor against NCAA
By MARK SCOLFORO
Associated Press
HARRISBURG, Pa.
A federal judge on Thursday threw out the governor’s lawsuit against the NCAA over sanctions against Penn State related to Jerry Sandusky, calling his argument “a Hail Mary pass” that easily warranted dismissal.
U.S. Middle District Judge Yvette Kane’s decision put an early end to the antitrust lawsuit Gov. Tom Corbett filed in January in which he sought to overturn a $60 million fine, a four-year bowl ban, scholarship limits and other penalties.
She said she could not “find any factual allegations supporting (Corbett’s) allegation of `concerted action’ that might nudge its conspiracy claim into `plausible’ territory.”
The NCAA said it was “exceedingly pleased” and hoped the ruling would help heal divisions caused by the Sandusky scandal.
Corbett expressed disappointment and said he feels strongly the claims he raised were compelling and deserved a thorough review by the courts.
The judge wrote that even if the penalties make it harder for Penn State to recruit quality football players, that would not make it an antitrust case.
She said the case raises issues that are important matters of public debate but not antitrust questions.
Sandusky, a former Penn State assistant football coach, is serving a decades-long prison sentence for sexual abuse of 10 boys. He has maintained his innocence.
The university, which agreed to the NCAA penalties, was not a party to the case.
Kane produced a “thorough analysis and thoughtful opinion,” said Donald Remy, the NCAA’s chief legal officer.
Corbett said the decision was under legal review and did not indicate if he plans to appeal. His office has not disclosed the cost for outside legal counsel to pursue the lawsuit.
During arguments last month, the NCAA’s lawyer said the sanctions were not likely to harm the overall market for higher education or for top-flight football players. He said antitrust law did not apply and that the organization acted to enforce rules about honesty, sportsmanship and conduct.
Relatives of the late Joe Paterno, who was Sandusky’s boss for decades, five Penn State trustees and others connected to the university have filed their own lawsuit against the NCAA in county court. That suit also seeks to overturn the NCAA sanctions.
Wick Sollers, a lawyer who represents the Paterno family, said their lawsuit against the NCAA raises “significantly different claims and legal theories.”
State College area state Sen. Jake Corman, who sponsored a law Corbett signed in February that requires $60 million NCAA fine to be spent exclusively in Pennsylvania, is pursuing a Commonwealth Court lawsuit against the association over the use of the money. An NCAA challenge of that law remains pending before Kane in federal court.
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