The Paterno family will not move forward with its lawsuit against the NCAA over its use of the Freeh report, according to a release from the NCAA.
The NCAA claims that it did not settle with the Paternos and that the family of the former Penn State coach is voluntarily dropping the lawsuit.
“Its decision today, after years of investigation and discovery, to abandon its lawsuit rather than subject those facts to courtroom examination is telling,” NCAA chief legal officer Donald Remy said in a statement. ” We believe that the powerful record developed during discovery overwhelmingly confirmed what the NCAA has believed all along: the NCAA acted reasonably in adopting the conclusions of an eight-month investigation by Louis Freeh.”
The Paterno estate, along with former assistant coaches Jay Paterno and Bill Kenney, were suing the NCAA, its president Mark Emmert, and former executive committee chair Ed Ray .
The lawsuit, which was filed in 2013, claimed commercial disparagement, defamation, tortious interference, and conspiracy, citing the use of the former FBI director’s report in the NCAA’s consent decree for sanctions with Penn State related to the school’s handling of reports of child sexual abuse by Jerry Sandusky.
The consent decree was replaced and most sanctions were repealed or ended early. The plaintiffs originally said the report and sanctions resulted in damage to commercial interests and values and harmed the former assistant coaches’ ability to find similar work.