Pennsylvania Gov. Tom Corbett’s general counsel says the administration will not appeal a federal judge’s dismissal of a lawsuit against the NCAA over sanctions against Penn State relating to the Jerry Sandusky child sex abuse scandal.
Corbett filed the antitrust lawsuit in January seeking to overturn a $60 million fine, a four-year bowl ban, scholarship limits and other penalties. U.S. Middle District Judge Yvette Kane, however, said she could find nothing to support the allegation of concerted action “that might nudge its conspiracy claim into “plausible territory.”
General counsel James Schultz said in a statement Monday that the administration would not appeal but added that the ruling could indicate an openness to other complaints about the sanctions, the Pittsburgh Post-Gazette reported.
“While this particular case is now concluded, the court’s ruling did highlight key issues that could be beneficial to other ongoing legal cases concerning the potential harm caused by the NCAA’s actions, which Judge Kane noted ‘raises serious questions about the indirect economic impact of NCAA sanctions on innocent parties,'” he said.
The NCAA is also opposing a new state law requiring the $60 million fine to be spent within the commonwealth, and Schultz said officials would continue to “review legal options available” to defend that and other provisions of state law.
Sandusky, a former Penn State assistant football coach, is serving a decades-long prison sentence on convictions of sexual abuse of 10 boys. He has maintained his innocence.
The university, which agreed to the NCAA penalties, was not a party to the case.
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