Tags: penn | state | sandusky | ncaa | corbett | judge | suit

Judge Tosses Governor's Suit Against NCAA for Penn State Sanctions

Thursday, 06 Jun 2013 09:31 AM

 

Share:
  Comment  |
   Contact Us  |
  Print  
|  A   A  
  Copy Shortlink
HARRISBURG, Pa. -- A federal judge on Thursday threw out the governor's lawsuit against the NCAA over sanctions against Penn State related to Jerry Sandusky, calling his argument "a Hail Mary pass" that easily warranted dismissal.

U.S. Middle District Judge Yvette Kane's decision puts an early end to the anti-trust lawsuit Gov. Tom Corbett filed in January in which he sought to overturn a $60 million fine, a four-year bowl ban, scholarship limits and other penalties.

She said she could not "find any factual allegations supporting (Corbett's) allegation of `concerted action' that might nudge its conspiracy claim into `plausible' territory."

She said that even if the penalties make it harder for Penn State to recruit quality football players, that would not make it an anti-trust case.

"The fact that Penn State will offer fewer scholarships over a period of four years does not plausibly support its allegation that the reduction of scholarships at Penn State will result in a market-wide anticompetitive effect, such that the 'nation's top scholastic football players' would be unable to obtain a scholarship in the nationwide market for Division I football players," Kane wrote.

She said the questions the case raises are important matters of public debate but are not anti-trust grounds.

"In another forum the complaint's appeal to equity and common sense may win the day, but in the antitrust world these arguments fail to advance the ball," Kane said.

Penn State, which agreed to the NCAA penalties, was not a party to the case.

Neither a spokesman for Corbett's general counsel's office nor the NCAA offered any immediate comment early Thursday.

During arguments last month, the NCAA's lawyer said the sanctions were not likely to harm the overall market for higher education or for top-flight football players. He said anti-trust law did not apply and that the organization acted to enforce rules about honesty, sportsmanship and conduct.

Sandusky, a former university assistant football coach, is serving a decades-long prison sentence for sexual abuse of 10 boys. He has maintained his innocence.

© Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Share:
  Comment  |
   Contact Us  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Retype Email:
Country
Zip Code:
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
You May Also Like

Atheist Sues After New Jersey Rejects License Plate

Friday, 18 Apr 2014 22:31 PM

Shannon Moran, of Maurice River Township has filed a lawsuit against the state Motor Vehicle Commission, saying it viola . . .

South Carolina Mayor Fires Lesbian Police Chief

Friday, 18 Apr 2014 22:20 PM

A South Carolina mayor fired his 20-year veteran chief of police, who is a lesbian, reportedly declaring in a recorded p . . .

Discovery Channel Everest Jump in Doubt After Deadly Avalanche

Friday, 18 Apr 2014 22:12 PM

The Everest Jump Live special that Discovery Channel had planned for May 11 is in question following a deadly avalanch . . .

Newsmax, Moneynews, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, NewsmaxWorld, NewsmaxHealth, are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved