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Publish date: Feb 7, 2013

NCAA moves to dismiss Pennsylvania lawsuits

The NCAA today asked courts in Pennsylvania to dismiss two lawsuits that are seeking to invalidate some or all of the sanctions against Penn State University. Pennsylvania politicians filed both suits, and our filings today demonstrate that neither Governor Corbett nor State Senator Corman have authority to interfere with the agreement between Penn State and the NCAA.  

In his lawsuit, Governor Corbett seeks to invalidate the sanctions, to which Penn State agreed. As our filings make clear, the Governor is attempting to use the courts to usurp authority given to Penn State. While he is attempting to use the federal antitrust laws as the basis for his claims, the courts have already stated that antitrust laws do not apply when the NCAA is acting in a non-commercial capacity to regulate competition and enforce its own rules. The NCAA has filed a brief in federal court.

Senator Corman, meanwhile, is attempting to stop any of the money paid by Penn State under the consent decree from going to child abuse victims outside of Pennsylvania. However, Pennsylvania law does not restrict the university’s expenditures of funds and the university will not use any state appropriated funds to pay the fines. Further, Pennsylvania law does not and could not control how an organization like a private endowment created by an NCAA fine donates its money. As a result, the NCAA has filed a motion to dismiss in state court.

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