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Peter Hall @phall215
NCAA has filed a motion to dismiss Gov. Tom Corbett's suit over the Sandusky sanctions against Penn State.
NCAA argues that Corbett failed to state a violation of the Sherman anti trust act and that he lacks standing to sue.
Here's the rub. If the Commonwealth's suit survives motion to dismiss, that's when I can see NCAA coming to the table to negotiate to avoid further litigation.
"Penn State has taken a lot of punches in the last six months and it's time to punch back" - BOB
Guys, sorry if this is a dumb question, I don't know much about legal matters. But, if the court rejects the motion to dismiss, wouldn't that basically mean we have standing?
Now for the fun part.
This post was edited by psu2013 14 months ago
Game time. God I hope Emmert falls flat on his face.
Is this normally a quick process? How long until we hear the ruling?
Great news. They had another month... Like that they responded before they had to. Beautiful
WE ARE! And we will always be...
Does this mean we will know what happens with this case sooner?
PA will respond in a few weeks and then the NCAA will get the opportunity to reply again. the judge may schedule oral argument which will take some additional time. i wouldn't expect the decision to come before may. i think we're probably looking at may-july for a decision.
i read the NCAA's motion to dismiss. it focuses on PSU's acceptance of the consent decree, PA's lack of standing, differences between anti-competition v competitors. basically, they just focus on the legal arguments - as they should.
Not necessarily, but like I said, based on the rumblings Ive heard, the judge understands how important this case is. She wont drag her feet on this... Giving her an extra 30 days should get it done sooner.
Yeah, we could ammend... I didnt read the motion.
I filed a motion to sock Femmert in his dirty whore mouth.
PENN STATE FOREVER
yes, judge will decide the standing issue based on this motion. will take a few months before a ruling comes out.
Not sure if I like the fact that they filed early.Either they know that it will get to court or they are convinced that the suit lacks merit or standing. We shall see.
Dominate The State
You keep these pithy sayings up, and I may have to change my moniker to Philafanfan.
Am i correct in assuming this was inevitable?
Yes. This is their only real defense. If this fails, we win essentially...
They can believe anything they want. If thats the case, I love that they are so arrogant. We have a good case. They just helped us procedure wise.
This post was edited by rmj147 14 months ago
A motion to dismiss is inevitable, especially in a case like this. Nothing to see here that wasn't expected by all attorneys involved.
Not necessarily.... ultimate say on standing in a case like this would come from the circuit court of appeals and/or the SCOTUS.
Is there a link to read the motion?
Not yet.... we need to withstand the motion first. Discovery is premature until the court rules on this motion, at least.
Depends.... honestly could be a couple week, couple months or more. Depends on the parties and the judge ultimately.
No, not necessarily.
Ok, how does the Miami case help here. Does the state amend their initial filing?
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