Commonwealth Court Judge Anne Covey was not pleased by the NCAA’s latest request for a partial judgement in its favor.
Using an argument based around the legal definition of duress, the NCAA asked Judge Covey to rule against State Sen. Jake Corman and Treasurer Rob McCord in November. In a ruling issued Monday, Covey smacks down the NCAA request.
“‘It is the obligation of any lawyer… not to clog the court with frivolous motions or appeals,’” Covey writes, quoting from a precedent set in another court case.
The NCAA argued that Penn State was able to consult multiple lawyers before signing the consent decree with the NCAA, meaning the agreement was not made while under duress. Corman and McCord responded that the NCAA was arguing about an issue that was never brought before the court, which Judge Covey also pointed out in her ruling.
“The pleadings do not contain a cause of action or defense that the Consent Decree was entered into under duress,” Covey writes, going on to describe the NCAA’s request as “misplaced” and “improper.”
Corman and McCord sued the NCAA in Commonwealth Court last year in an attempt to keep the NCAA’s $60 million fine against Penn State within Pennsylvania. The fine and other sanctions were made possible when Penn State signed the consent decree with the NCAA in July 2012.
Covey writes in her ruling that the NCAA has tried to force Corman and McCord to prove the validity of the consent decree, when that responsibility actually rests with the NCAA. The consent decree has become a focus of the Corman-McCord lawsuit, with a January trial date set to determine if the agreement is legally binding.
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