October 30, 2013 in Sports

Judge to decide later on Paterno family lawsuit

Mark Scolforo Associated Press

BELLEFONTE, Pa. – A Pennsylvania judge said Tuesday he would decide later whether to allow a lawsuit filed against the NCAA by the family of longtime Penn State football coach Joe Paterno and others to go forward.

After hearing more than three hours of arguments, Judge John B. Leete said he planned to issue a written opinion in the case but did not say when.

A lawyer for college sports’ governing body urged him to throw out the complaint.

“There are those who think that reverse is a better direction, who would like to undo the resolutions and start from the beginning,” NCAA lawyer Everett Johnson said. “But this lawsuit and this court is a poor forum for venting frustrat- ion, and the NCAA should not be made the scapegoat for the errors and omissions of university officials.”

Leete is considering a host of issues, including whether Penn State itself is an indispensable party to the lawsuit, which challenges the NCAA penalties imposed on Penn State as a result of the Jerry Sandusky child molestation scandal.

The Paterno family and other plaintiffs allege breach of contract, contract interference, defamation, civil conspiracy and commercial disparagement.

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