PSU news by
Penn State's student blog



No Ruling After Attorneys Battle Over Gov. Corbett’s Lawsuit

by Laura Nichols

HARRISBURG – The status of Gov. Tom Corbett’s lawsuit remains unknown after two hours of arguments Monday. Federal Judge Yvette Kane said she expects to issue a ruling that says whether the antitrust lawsuit will stay or be tossed in the coming weeks.

Kane said she feels the parties are “a stadium apart” in their assessment of how Penn State’s sanctions affect the university, the Centre County community and the state of Pennsylvania.

Four attorneys represented the plaintiff, Gov. Corbett and the state of Pennsylvania, and four attorneys represented the defendant, the NCAA. The NCAA argued first, armed with a PowerPoint presentation in an effort to bolster its argument that Corbett’s lawsuit should be thrown out.

The defense argued that Corbett’s allegations are unfounded because Penn State’s market value did not decrease when Penn State President Rodney Erickson signed the Consent Decree in July. Penn State is still competing in major markets including post-secondary education, recruiting Division I football players and selling Penn State apparel, the NCAA said, who called Corbett’s allegations “absurd and speculative.”

The NCAA said they believe the suit should be tossed because it is an antitrust lawsuit, yet Corbett said he wants the sanctions reversed on the basis that the NCAA ignored its own rules to levy the sanctions against Penn State, something that the NCAA said does not constitute an antitrust law.

Commonwealth attorneys fired back, saying that Gov. Corbett filed the suit because he is representing the citizens of the state who who have amassed “antitrust injuries” because of the sanctions.

Jim Schultz, general counsel to the Commonwealth, said the facts in the case are “unique,” and that it is “important to separate this from a typical enforcement case.”

Schultz said the NCAA did not base the Consent Decree on rules, but rather general principles in its bylaws, such as ethical conduct and honesty and sportsmanship to enforce the sanctions. Schultz said the NCAA could have written a rule, had they wanted to, on how to handle criminal activity.

By 4 p.m., after two hours of arguments and contradictory arguments from the parties, Kane said she will issue a ruling in the coming weeks.

Penn State’s sanctions include a significant loss of scholarships and a four-year postseason ban for the football team, all wins between 1998-2011 under former head football coach Joe Paterno vacated and a $60 million fine.

Schultz said the $60 million fine, which is to go toward victims of sexual abuse, should stay within the state.

Penn State is not a party to Corbett’s lawsuit and the governor was not present at the hearing.

About the Author

Posts from our partner website


More by

Herwig’s Austrian Bistro Sets Closing Date

Owner Bernd Brandstatter announced in March that restaurant would be closing between June and August, but the final day of business has been moved up.

Former Penn State Football Player Denies Burglary, Assault Accusations

Spats Cafe Collaboration With Allen Street Grill Set For Grand Opening


Max Sauve Commits To Penn State Hockey

Sauve originally committed to Vermont in 2015, but flipped to Penn State at the eleventh hour and will join the Nittany Lions next season.

Penn State Women’s Volleyball Releases 2018 Schedule

Penn State Hoops Alumnus Joonas Suotamo’s Journey To Becoming Chewbacca Featured On ESPN’s ‘E:60’

Evaluating Tony Carr’s Performance At The 2018 NBA Draft Combine

Penn State Hockey Commit Evan Bell Wins Clark Cup With USHL’s Fargo Force

Student Life

10 Questions With 2019 Class Gift Director Tom Beeby

Tom Beeby will serve as the 2019 Class Gift Executive Director.

Career Services To Launch Integrated Career Management & Recruiting Platform

Penn State Esports Wins Tespa Collegiate Hearthstone Championship

Plans Submitted For New KFC In State College

Developers have submitted preliminary land development plans to build a new KFC restaurant at 1780 S. Atherton St. in State College.

Penn State Names Guadagnino Vice President For Administration

Guadagnino will continue to provide legal advice as associate general counsel in addition to his duties as vice president.

As Disciplinary Hearing Opens, Expert Says Baldwin Failed To Properly Represent Ex-Penn State Administrators

A Pennsylvania Disciplinary Board hearing began on Tuesday in Pittsburgh for former Penn State general counsel Cynthia Baldwin, who is accused of violating rules of professional conduct in her representation of former university administrators during the Jerry Sandusky investigation.

Be the first to know

  • Top posts and the best Penn State stories

Thank you for subscribing.

Something went wrong.

10 Questions With 2019 Class Gift Director Tom Beeby

Tom Beeby will serve as the 2019 Class Gift Executive Director.

Send this to a friend