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Penn State Asks Court to Dismiss Mike McQueary's Lawsuit

by on January 15, 2013 11:08 AM

Attorneys representing Penn State filed preliminary objections to Mike McQueary's $4 million whistleblower lawsuit on Tuesday and asked the court to dismiss his demand for punitive damages. 

McQueary filed a defamation, misrepresentation and whistleblower lawsuit in October, holding Penn State responsible for his inability to secure employment, wrongful termination and a shattered reputation. 

Penn State was denied a stay in the case in December when a judge ruled McQueary's suit did not interfere with the trial of former Penn State administrators Graham Spanier, Tim Curley and Gary Schultz. 

Penn State said in its most recent court filing that the former Penn State wide receivers coach cannot sue the university for punitive damages because there is no legal basis as he cannot sustain a case on the arguments he has made.

According to court documents, McQueary's allegations in his lawsuit "do not amount to the type of outrageous conduct that is required to support a punitive damages claim."

For instance, attorneys write, there is no proof that Spanier, Curley, Schultz or Penn State "acted with evil motive or in reckless indifference to the rights of others." 

Penn State concludes with asking the court to dismiss the counts against it in McQueary's complaint and concurrently uphold the university's preliminary objections. 

Penn State spokesman Dave La Torre said the university filed Preliminary Objections to McQueary's complaint in order to challenge the legal sufficiency of the claims but otherwise have no comment on the pending litigation.

McQueary Defendants POS by

Laura Nichols is a news reporter and @LC_Nichols on Twitter.
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