NCAA Files Motion to Dismiss Gov. Corbett's Anti-Trust Lawsuit
February 07, 2013 6:33 PM
by Laura Nichols
Click for Image Gallery Click For Gallery

The NCAA does not want anyone – or the state of Pennsylvania – coming between it and the consent agreement with Penn State, which formally accepted the sanctions. 

Filed in Middle District court on Thursday, the NCAA filed a motion to dismiss Gov. Tom Corbett's case against the NCAA, which he filed on Jan. 2 in an effort to have the sanctions levied against Penn State in July overturned. 

According to the motion, the NCAA said that because Gov. Corbett is a member of Penn State's Board of Trustees, his lawsuit "seeks, under the guise of antitrust law, to overrule his fellow trustees and usurp the discretion that the legislature delegated to PSU.

"This lawsuit is an inappropriate attempt to drag the federal courts into an intra-state political dispute. The remedial measures that Penn State agreed to were controversial, and have elicited strong feelings on all sides. Some think they are too harsh, and some think they are too lenient. But none of those feelings have anything to do with the antitrust laws." 

Counsel for the NCAA argues that the case should be dismissed for four reasons:

According to the court document, any indirect economic effects on businesses resulting from the NCAA imposing major sanctions are not uncommon, and do not alter the analysis. Corbett argued in his lawsuit that the sanctions dealt to Penn State will negatively affect the economy of the entire state. 

Corbett called the sanctions 'unjust' and 'unprecedented.' 

This is the first legal action taken since Corbett filed the lawsuit in January, and no court dates have been set. 

Related coverage: 

NCAA motion to dismiss by

Disclaimer: Copyright © 2018 All rights reserved. This material may not be published, broadcast, rewritten or redistributed.,1240178/