Posted on 09/28/2013 8:04:07 AM PDT by Colofornian
HARRISBURG, Pa. -- A lawsuit against the NCAA by the family of late Penn State football coach Joe Paterno and others is fatally flawed and should be thrown out, the organization said in a court filing Thursday.
The filing in Centre County court said the suit contains "sundry misdirected complaints" and argued that the plaintiffs don't have standing to challenge the consent agreement between the NCAA and Penn State over the child molestation scandal involving ex-assistant coach Jerry Sandusky.
"Plaintiffs resort to tortured interpretations of the NCAA bylaws and the case law in an effort to obscure two inescapable facts: they are the wrong plaintiffs and they have sued the wrong defendants," the NCAA wrote.
The lawsuit was filed by the Paterno estate, a few trustees and faculty members, nine former players and two former coaches, including Paterno's son Jay Paterno.
The NCAA said Paterno's estate was not able to say how its commercial interest in his reputation lost value.
"The NCAA is left to guess whether the estate has some cache of autographed footballs that coach Paterno signed before his death but, presumably, were not sold in the seven months between his death and the publication of the consent decree," the NCAA said.
(Excerpt) Read more at espn.go.com ...
So the Paterno family is claiming they just weren't able to "cash in" on Paterno's rep, eh???
I am conflicted on this one, because I have no love for the NCAA either...
I despise the NCAA too, but this lawsuit sounds like a real stretch.
Better yet, all colleges and universities should be required to divest themselves of their athletic organizations. Let them stand on their own.
Better yet, all colleges and universities should be required to divest themselves of their athletic organizations...
...and that would serve what end, exactly...
If they want to reinforce the association of the name Paterno with the phrase “child molester” this is the way to do it.
Better yet, all colleges and universities should be required to divest themselves of their athletic organizations...
...and that would serve what end, exactly...
...on top of which, exactly who would making and enforcing this requirement, if you believe the current governing body should be ‘kicked to the curb’...?
End the pretense that all the “minority” athletes belong in college, or can even read.
If they want to reinforce the association of the name Paterno with the phrase “child molester” this is the way to do it.
...interesting observation...one would think the Paterno family would just want this all to go away, which of course it eventually will...not saying I don’t empathize with them, I’m sure this is torturing them, given the 6 decades invested in PSU identity...
...what gets me about ranting Joepa sycophants is they seem to feel he is, prima facie, exempt from scrutiny...delusional, really...
My only complaint about the sanctions and fine against Penn State is that the multi-multi-million dollar fine WENT TO THE NCAA ITSELF. Supposedly for the children. I bet the NCAA keeps 99% of it. Way to profit on the ashes of shattered young lives, NCAA...
The NCAA would desparitly like this lawsuit to be tossed, however that would not serve justice right. They slandered Joe Paterno in favor of the clown who supposedly saw the crime and was too chicken to report it to the police himself. Joe Paterno did what any of us would have done under the circumstances. He reported it to his superiors. His job was done. The clown who actually saw it and did nothing about it is the one the NCAA should have gone after. This lawsuit may show them their error!
This is a Hail Mary by the ncaa. This lawsuit is NOT getting tossed. Once it goes to discovery, look for the ncaa to squirm like pigs, and the Paternos and the Letterman/Faculty to ask for 8 digits in settlement money. If people start testifying under oath, the house of cards will fall.
The lead js prosecutor just said on national television a month ago that they found NO evidence that Joe Paterno was involved in any sort of cover up.
The ncaa foolishly relied on louis freeh’s fiction-based tale of covering up js’s actions to benefit the football program. Not only does this make no sense, it isn’t backed up with any evidence. At all.
The truth is out there - for those that aren’t too lazy (or filled with hate) to look for it.
I’m sorry. Look for a $100,000,000 + settlement. I guess that would be NINE digits.
The family and the Letterman want the wins restored. The fact that they were vacated is one of the dumbest, most vindictive things I have witnessed in the history of sports.
They’ll also take a fat check from the ncaa to teach them a lesson. Hopefully this is the beginning of the end for them.
I see another Joe Paterno (or pedophile enabler) has entered the fray.
Take a look at this dumb italicized comment above. You criticize the then graduate assistant (Mike McQueary) for not going to the police but GOING TO HIS SUPERIOR PATERNO, but then you let Paterno off the hook by saying he (Paterno) went to HIS SUPERIORS and NOT THE POLICE and that was all you would expect anyone to do under the circumstances.
Brain-dead logic anyone? Or is it recto-cranial inversion?
Is the NCAA referring to the Paterno's lawsuit here or its own fatally flawed action against Penn State???
The NCAA seems to have just found out that Sandusky was an ex-assistant coach at the time and that none of the incidents took place on Penn State campus.
MM first reported what he heard - he didn’t see anything - to his father and Dr. Dranov (a mandated reporter). They didn’t hear anything that would make them call the cops. Why should Joe have called the cops? What sense does that make?
The fact that V2 came forward almost 2 years ago and said nothing happened apparently means nothing to you? I guess you can’t fix ignorance.
Mike McQueary was not on staff at that point and free to call anyone he wanted about the incident. He chose to call his dad and family doctor neither of whom believed that what he saw rose to the level of child molestation warranting a call to the police. They didn't believe him so they told him to go dump it in Paterno's lap.
you let Paterno off the hook by saying he (Paterno) went to HIS SUPERIORS and NOT THE POLICE and that was all you would expect anyone to do under the circumstances.
Paterno on the other hand made sure that the report made it all the way up the ladder to the head of the campus police [Schulz] who himself directly contacted Chief Harmon, the chief of campus police, who incidentally handled the 1998 Sandusky investigation and still had the files on his computer, as Louis Freeh noted in his report. You should read it sometime and get an education before posting uninformed opinions not based in fact.
Hey, FlJoePa, glad you responded.
I still have that standing question to you on the table that you will not answer. So why don’t you answer the question for all the people on this thread, right here, right now.
Please explain to all of us the origin of your user name FlJoePa? Is it an alter ego? What exactly is the explanation of you apparently taking on the persona of Joe Paterno, Pedophile Enabler?
I would love to see the NCAA pay massive damages for their grandstand play. It would serve them right for overstepping their authority. The NCAA had no business getting involved in this situation and imposing penalties when there was no competitive advantage gained is just wrong. It would be nice to see the NCAA get their wings clipped for this politically correct piling on. Too bad someone doesn't sue the NCAA for harassing schools into dropping their "offensive" nicknames or their arbitrary and capricious sanctions.
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