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Corbett files answer to NCAA's motion to dismiss...

  • NevadaNittany said...

    Lets say the State and NCAA settle and the sanctions are dropped/reduced. What are the chances that PSU/Erickson/BOT choose to uphold the original sanctions (or self impose the remaining sanctions that were reduced) because they werent part of PA's suit and dont want the public perception that PSU has now "put the football team before the children"?

    I could definitely see some bullcrap like that happening. Especially with Peetz and Erickson still in the picture.

    This is my fear with the piss poor leadership at PSU.

    signature image

    PSUjosh11

  • Anyone know a typical timeframe for the judge to rule?

    PennStateFan33

  • a temporary injunction is NOT happening and, frankly, I'm glad its not. There is no reason to discuss it. The case is about a PERMANENT injunction (sanctions go away forever). Its not happening. Even if it did, it would be probably the worst thing we could have happen to our football program. Why does anyone think its a good idea to have sanctions hanging in the balance over our head for years? It would be beyond dumb to go that route and would be much more damaging to our football program in the long run.

    PSU12 ●

  • Really affected usc when they kept appealing.

    I dont think it would be as bad as it seems. It is my understanding an injunction wont be granted unless judge feels the states case is strong enough to win, and by that i interpret to mean, hard to lose the case.

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    white_out ●

  • PSU12 said...

    a temporary injunction is NOT happening and, frankly, I'm glad its not. There is no reason to discuss it. The case is about a PERMANENT injunction (sanctions go away forever). Its not happening. Even if it did, it would be probably the worst thing we could have happen to our football program. Why does anyone think its a good idea to have sanctions hanging in the balance over our head for years? It would be beyond dumb to go that route and would be much more damaging to our football program in the long run.

    I agree fully. There's no way having sanctions hanging over us would be good. It would be bad very bad.

    I think people are just grasping because the reality of the law suit is even if PA somehow wins the sanctions will be passed. This will be tied up for years if it gets that far. Unfortunately, I think the sanctions are our reality.

    BKHPSU

  • NevadaNittany said...

    Lets say the State and NCAA settle and the sanctions are dropped/reduced. What are the chances that PSU/Erickson/BOT choose to uphold the original sanctions (or self impose the remaining sanctions that were reduced) because they werent part of PA's suit and dont want the public perception that PSU has now "put the football team before the children"?

    I could definitely see some bullcrap like that happening. Especially with Peetz and Erickson still in the picture.

    Corbett could/would end that really quickly. All he would have to do is tighten the purse strings. If successful, there is no way in hell that Corbett is going to allow Erickson and Peetz to upstage him.

    If stuff would change before the season, and the admins want goods PC, PSU should offer to give up their bowl earnings for 3 years to go towards strengthening our research capacity in child abuse (establish an annual chair, attract more researchers, etc.) on top of $60 million to state child abuse orgs. that corbett wants.

    Lion_in_CBus

  • Regarding the state actor question above, the instances (only one or two) where the NCAA has been treated as a state actor involve agreements between the NCAA and a state agency. Good news, ironically involving the Consent Decree? The NCAA made an agreement with Penn State, a state agency.

    I don't think, though, that state actor status matters in this case at all. I do think it could help in the NCAA v. PA case, because the state could argue that the NCAA became a PA state actor via the decree, so the PA law is doing nothing more than governing its own agency. I haven't researched that issue, but it seems viable.

    psume06

  • crazytoadie said...

    Corbett said during his presser for the lawsuit that he still like to see PSU set aside the $60 million for child sexual abuse even if the sanctions were overturned. So if a preliminary injunction was granted, I'd expect to see PSU put $60 million aside for the NCAA. By the time the case would be decided, George Mitchell would be done his work and PSU would have made all the changes in the Freeh report and PSU would have new president and AD so the NCAA would be PR wise to reduction the sanctions on students even further removed from the process.

    If no preliminary injunction is granted, then if PA wins it would set up PSU to file a suit against the NCAA for damages. Given the $60 million fine and lost bowl money etc that could be a figure well into the 100's of millions.

    PSU probably would still put aside the 60 million for child abuse prevention, but I don't think they would give it to the NCAA. There is too much coming from PA to keep the funds in state, so they most likely would give it to agencies within PA.

    The NCAA wouldn't be able to claim foul because the money did go to child abuse, at least not publicly.

    PSU17

  • locopsu said...

    I am no lawyer, but would not be confident about any of this stuff. I think the NCAA drags it out like they have with many of the other cases to get beyond the sanctions and get a 'WIN'. PA lawyers snooping around in NCAA files may not be fun for them, but losing the case or appearing to crumble under pressure from PA would be devastating to the entire organization. Hope PA is successful and NCAA capitulates to discovery process and reduces sanctions.

    I guess it depends on what dirty laundry the NCAA has that would be found during discovery. If it's not "that bad", then you're right. I could see them dragging it out. But if it's beyond absurd (which I believe it probably is) I could see them settling and living to fight another day.

    With all the ridiculousness coming out about Miami, Shabazz, UNC type cases I just do not see the NCAA wanting a State's lawyers snooping around in all their emails, memos and meeting minutes.

    PSU17

  • PSU17 said...

    PSU probably would still put aside the 60 million for child abuse prevention, but I don't think they would give it to the NCAA. There is too much coming from PA to keep the funds in state, so they most likely would give it to agencies within PA.

    The NCAA wouldn't be able to claim foul because the money did go to child abuse, at least not publicly.

    I think you are right on this one. PSU will just say "we intend to play by the rules, and right now, we are allowed the full scholarship limits and post-season play." I too think they will set aside the 60 million regardless of what happens.

    getmyjive11

  • The only way this goes away fast is if Emmert gets fired and NCAA no longer want to go through a trial and discovery. If Emmert keeps his job the NCAA will fight this to the bitter end and drag it out for years.

    “Never trust a government that doesn't trust its own citizens with guns.” Benjamin Franklin

    psuproud

  • PSU17 said...

    With all the ridiculousness coming out about Miami, Shabazz, UNC type cases I just do not see the NCAA wanting a State's lawyers snooping around in all their emails, memos and meeting minutes.

    This is what I'm thinking. And we've already seen some of this with Emmert vs Ray's DP comments. I can't see how the NCAA could possibily want this to even make it to the discovery phase. Of course, Emmert is oblivious of his hypocrisy and passes the buck so who knows.

    The NCAA should lift all the sanctions, restore all wins, and PSU should still use the money for PA charities. The NCAA can claim PSU went above and beyond in compliance and their true goal was to help victims (complete BS but so is the NCAA). Everyone wins.

    This post was edited by JettaPSU2001 on 2/27/2013 at 10:01 AM

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    JettaPSU2001

  • PSU12 said...

    a temporary injunction is NOT happening and, frankly, I'm glad its not. There is no reason to discuss it. The case is about a PERMANENT injunction (sanctions go away forever). Its not happening. Even if it did, it would be probably the worst thing we could have happen to our football program. Why does anyone think its a good idea to have sanctions hanging in the balance over our head for years? It would be beyond dumb to go that route and would be much more damaging to our football program in the long run.

    This was my thought as i posted previously, but I guess the counter argument then becomes, "what's the point". If this is going to drag out until 2016 or beyond with appeals and such, the sanctions will be over. Unless PA plans to sue for damages if they win a long legal battle, it seems the that the fear of discovery is the ONLY means to get this resolved before the full damage of the sanctions is done. Now, if there was a chance that PA could win a long legal battle that lasts nearly the length of the sanctions and go after the NCAA for damages incurred over 4-5 years, they'd be looking at a $100+ million dollor gamble on top of the discovery concerns by not settling.

    spud358

  • spud358 said...

    This was my thought as i posted previously, but I guess the counter argument then becomes, "what's the point". If this is going to drag out until 2016 or beyond with appeals and such, the sanctions will be over. Unless PA plans to sue for damages if they win a long legal battle, it seems the that the fear of discovery is the ONLY means to get this resolved before the full damage of the sanctions is done. Now, if there was a chance that PA could win a long legal battle that lasts nearly the length of the sanctions and go after the NCAA for damages incurred over 4-5 years, they'd be looking at a $100+ million dollor gamble on top of the discovery concerns by not settling.

    IMO this is the aim of the PA lawsuit. Hope that the NCAA fears discovery and the potential damages they would have to pay. You figure 4 years of lost bowl revenue alone would probably be around $50 million. Add to that lost business and merchandise revenue and you could easily get close to $100 million.

    PSUJT0409

  • Corbett needs a victory before the next election. I don't see how he would let this drag on. Surely the governor has some pull with the courts in his own state.

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    JettaPSU2001

  • JettaPSU2001 said...

    Corbett needs a victory before the next election. I don't see how he would let this drag on. Surely the governor has some pull with the courts in his own state.

    Could be. I don't know enough of the system to know. But how much pull does a governor of a state have with the federal courts?

    BKHPSU

  • PSU17 said...

    PSU probably would still put aside the 60 million for child abuse prevention, but I don't think they would give it to the NCAA. There is too much coming from PA to keep the funds in state, so they most likely would give it to agencies within PA.

    The NCAA wouldn't be able to claim foul because the money did go to child abuse, at least not publicly.

    I stated very early that PSU should've taken the initiative with raising money for child abuse, including partial proceeds from tickets sold and promoting donations from fans (match dollar for dollar, etc.). This would've given the university and the fan base an opportunity to help the victims and come together as a community.

    Instead, we get this idiotic "fine" from the NCAA that they are using to portray themselves as the heroes of this crappy saga.

    F the NCAA F the BOT F ESPN F Sandusky

    PSU42Fan ●

  • PSU42Fan said...

    I stated very early that PSU should've taken the initiative with raising money for child abuse, including partial proceeds from tickets sold and promoting donations from fans (match dollar for dollar, etc.). This would've given the university and the fan base an opportunity to help the victims and come together as a community.

    Instead, we get this idiotic "fine" from the NCAA that they are using to portray themselves as the heroes of this crappy saga.

    The NCAA would have taken its pound of flesh anyway. The reason Emmert is fighting it so much is because the money is a.) a PR move b.) a boondoggle to give his friends a job.

    IIRC, He wants the money to "establish" a special group to fight child abuse in youth athletics, but most of the money would end up in planning, new hires programmatic "expenses" and most importantly marketing. What is left would actually go to fighting child abuse.

    This post was edited by Lion_in_CBus on 2/27/2013 at 10:32 AM

    Lion_in_CBus

  • PSUJT0409 said...

    IMO this is the aim of the PA lawsuit. Hope that the NCAA fears discovery and the potential damages they would have to pay. You figure 4 years of lost bowl revenue alone would probably be around $50 million. Add to that lost business and merchandise revenue and you could easily get close to $100 million.

    Isn't it also triple damages because it's anit-trust?

    PSU17

  • PSU17 said...

    Isn't it also triple damages because it's anit-trust?

    I'm 90% sure the answer to that is yes.

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    RWC5113

  • PSU17 said...

    Isn't it also triple damages because it's anit-trust?

    I don't think it matters because the state specifically isn't looking for a monetary settlement. The legal experts have said that by not seeking that, it should make the court look for favorably upon PA's argument.

    getmyjive11

  • spud358 said...

    This was my thought as i posted previously, but I guess the counter argument then becomes, "what's the point". If this is going to drag out until 2016 or beyond with appeals and such, the sanctions will be over. Unless PA plans to sue for damages if they win a long legal battle, it seems the that the fear of discovery is the ONLY means to get this resolved before the full damage of the sanctions is done. Now, if there was a chance that PA could win a long legal battle that lasts nearly the length of the sanctions and go after the NCAA for damages incurred over 4-5 years, they'd be looking at a $100+ million dollor gamble on top of the discovery concerns by not settling.

    There is no counter argument....NCAA settles and sanctions go away or NCAA doesn't settle and more dirty laundry is aired in public. Just going through the entirety of the sanctions on the path we're on now is 1000000x better than having the state seek some temporary injunction and have them hanging over our head an additional 3+ years.

    PSU12 ●

  • PSU12 said...

    There is no counter argument....NCAA settles and sanctions go away or NCAA doesn't settle and more dirty laundry is aired in public. Just going through the entirety of the sanctions on the path we're on now is 1000000x better than having the state seek some temporary injunction and have them hanging over our head an additional 3+ years.

    Or ....

    The case survives the motion to dismiss and proceeds into discovery. PA moves for an injunction. Shortly thereafter the NCAA either settles it or not. If not, Ganim wins another Pulitzer.

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