The Paterno estate and the NCAA have been exchanging blows through court filings for over a year, but they’ll have to wait a little longer to continue the fight in person.
A hearing in the lawsuit, originally scheduled for Jan. 5, has been pushed back to Feb. 6 to accommodate a request from the NCAA. Last week, the athletic organization requested that the hearing be delayed because a trial in a different lawsuit also involving the NCAA was scheduled to start the next day.
The trial in the lawsuit between Pennsylvania State Sen. Jake Corman and Treasurer Rob McCord was originally scheduled for Jan. 6, but Commonwealth Court Judge Anne Covey moved the trial to Feb. 17. She delayed the trial to allow herself more time to review documents that may or may not be subject to attorney-client privilege.
Lawyers for the NCAA could not be reached for comment on whether the new hearing date in the Paterno lawsuit addresses their initial concerns.
The estate of former Penn State head football coach Joe Paterno – along with former assistant coaches Jay Paterno and William Kenney and university trustee Al Clemens – sued the NCAA for alleged defamation and conspiracy last year. The plaintiffs claim that the NCAA overstepped its authority in the aftermath of the Jerry Sandusky child sex abuse scandal, ultimately decreasing the value of the estate and making it more difficult for Jay Paterno and Kenney to find work. Penn State was later added to the suit as a nominal defendant.
The lawsuit from Corman and McCord is based on similar concerns that arose out of the Sandusky scandal. The Feb. 17 trial will focus on the validity of the consent decree between Penn State and the NCAA, which allowed the NCAA to impose sweeping sanctions against Penn State after the Sandusky scandal.
Potter County Judge John Leete, who is presiding over the Paterno lawsuit, could not be reached for comment.
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