FC: Judge tosses 6 of Spanier's claims against PSU

[mn78psu83]

statecollege.com

http://www.statecollege.com/news/lo...st-spanier-claims-against-penn-state,1469681/
http://www.statecollege.com/news/lo...st-spanier-claims-against-penn-state,1469681/
In case you don't want to give them a click:


Six of former Penn State President Graham Spanier's breach of contract claims against the university have been dismissed.

Lebanon County Judge Robert Eby, who is specially presiding in the case, sustained all but one of Penn State's preliminary objections in Spanier's civil complaint, alleges that Penn State violated conditions of the separation agreement they signed in November 2011, when Spanier resigned from the presidency in the fallout from the Jerry Sandusky child sexual abuse scandal.

Five of Penn State's preliminary objections sustained by Eby involved Spanier's claim that the university violated a non-disparagement clause in the separation agreement. Two of those claims related to comments made through Louis Freeh's investigative report on how Penn State handled allegations about Sandusky and three others related to statements made by university trustees.

Eby also sustained Penn State's objection to Spanier's claim that the university failed to reimburse him for legal fees and other expenses. The one claim left standing as of now is that Penn State failed to provide administrative support once he moved from the presidency to a tenured faculty position.

Spanier has 20 days to file an amended complaint.

 

[bjf1991]

statecollege.com

http://www.statecollege.com/news/lo...st-spanier-claims-against-penn-state,1469681/
In case you don't want to give them a click:


Six of former Penn State President Graham Spanier's breach of contract claims against the university have been dismissed.

Lebanon County Judge Robert Eby, who is specially presiding in the case, sustained all but one of Penn State's preliminary objections in Spanier's civil complaint, alleges that Penn State violated conditions of the separation agreement they signed in November 2011, when Spanier resigned from the presidency in the fallout from the Jerry Sandusky child sexual abuse scandal.

Five of Penn State's preliminary objections sustained by Eby involved Spanier's claim that the university violated a non-disparagement clause in the separation agreement. Two of those claims related to comments made through Louis Freeh's investigative report on how Penn State handled allegations about Sandusky and three others related to statements made by university trustees.

Eby also sustained Penn State's objection to Spanier's claim that the university failed to reimburse him for legal fees and other expenses. The one claim left standing as of now is that Penn State failed to provide administrative support once he moved from the presidency to a tenured faculty position.

Spanier has 20 days to file an amended complaint.

Reported the other day via Legal Intelligencer.

TTBOMK....the Court (Eby) gave ZERO intelligible rationale behind the decision

This is - maybe - the most FUBAR ruling in this entire fiasco.

Have whatever opinion you wish to choose vav Spanier.........but the contentions that were DISMISSED, should have been clear cut decisions in Spanier's favor.

Truly a mind-numbing decision.


I have no idea who this Eby character is.......but if you told me PSU/Freeh had just provided a nice $5,000,000 nest egg for him, I sure as shit wouldn't have a tough time believing it.

Jaw-droppingly astounding decision.

 

[mn78psu83]

Reported the other day via Legal Intelligencer.

TTBOMK....the Court (Eby) gave ZERO rationale behind the decision

This is - maybe - the most FUBAR ruling in this entire fiasco.

Have whatever opinion you wish to choose vav Spanier.........but the contentions that were DISMISSED, should have been clear cut decisions in Spanier's favor.

Truly a mind-numbing decision.


I have no idea who this Eby character is.......but if you told me PSU/Freeh had just provided a nice $5,000,000 nest egg for him, I sure as shit wouldn't have a tough time believing it.

Jaw-droppingly astounding decision.

It is astounding. Thanks for the Legal Intelligencer reference. Here it is. A little more detail.

http://www.thelegalintelligencer.co...5262324557&curindex=3&slreturn=20160927172556

Six of the seven claims brought by former Penn State president Graham Spanier against the school over disparaging statements university officials and agents made about him have been tossed.

Although Spanier will be able to refile four of the rejected claims, the remaining two were apparently dismissed with prejudice.

Lebanon County Senior Judge Robert J. Eby, who is presiding over the case Spanier v. Pennsylvania State University, granted the university's preliminary objections to six claims brought by Spanier. The claims all stem from allegations that the university's conduct, including negative statements school officials and agents made, constituted a breach of the separation agreement the parties entered into in the wake of the Jerry Sandusky sex abuse scandal.

The only preliminary objection Eby overruled stemmed from Spanier's claim that the university failed to provide him with administrative support during his post-presidency transition period. That cause of action remains standing in the litigation.

Apparently permanently dismissed are two counts—one alleging breaches of the nondisparagement agreement caused by Louis Freeh's statements in his internal investigatory report and the press conference announcing those findings, and another faulting Penn State's publication of those statements on its website.

Spanier, under the order, has the opportunity to refile four of the dismissed causes of action—three over other statements of PSU officials, and another centering on a claim for legal fees.

Eby's decision comes about a month after he pared away several defamation and tortious interference claims Spanier made against Freeh, who investigated the school's response to alleged reports of sexual abuse by Sandusky.

In tossing the allegations over the Freeh report, Eby determined that the nondisparagement provision did not reference statements made by attorneys, agents, or third parties, and therefore the agreement did not cover any statements Freeh, an ex-FBI director, made either in his report or at the press conference.

Eby also said statements from the trustees fit into an exception that allowed comments made in connections with investigations, and added that the language in the agreement was also too vague to encompass publishing statements on the school's website.

"The Spanier/Penn State agreement does not proscribe the expansive activities of 'communication,' 'publication,' or 'release.' It does not use the all-inclusive adverbs 'directly or indirectly,' the phrase 'in any medium or format,' or the catch-all direct object phrase 'information about,'" Eby said. "Had it done so, Penn State's demurrer would clearly be on shakier ground."

Spanier had also claimed that the school breached a provision stating that it will cover his legal fees in connection with events that occurred while he was president. Although the school contended it should not have to pay for litigation that Spanier initiated, Eby said he could not agree that, as a matter of law, legal fees for suits Spanier filed were outside the scope of the agreement.

However, Eby said Spanier failed to provide any records indicating that he provided the school with legal bills or made any demand for reimbursements. Eby granted the preliminary objection, but allowed Spanier to refile the claim with details regarding any outstanding bills.

Libby Locke of Clare Locke, who is representing Spanier, did not immediately return a call for comment. A spokeswoman for Penn State also declined to comment.

Max Mitchell can be contacted at 215-557-2354 or mmitchell@alm.com. Follow him on Twitter @MMitchellTLI.

 

[Peetz Pool Boy]

Didn't Eby also rule in favor of PSU or the NCAA within the past year in other litigation? His name seems eerily familiar for some reason.

 

[mn78psu83]

Didn't Eby also rule in favor of PSU or the NCAA within the past year in other litigation? His name seems eerily familiar for some reason.

He is presiding over both of Spanier's lawsuits - the one against Freeh and this one against PSU. His original suit was filed against both and the court ruled that he must file each separately. Eby has made rulings on both. Here is an article on the most recent rulings in the Spanier vs. Freeh case.

LINK: Judge pares Spanier's claims against Freeh

A Lebanon County judge has pared down several claims that former Penn State President Graham Spanier lodged against Louis Freeh over a report Freeh wrote that faulted Spanier and others for failing to properly act on allegations that Jerry Sandusky had sexually abused children.

Senior Judge Robert J. Eby, who is presiding over the case captioned Spanier v. Freeh, ruled that six statements Spanier alleged to be defamatory consisted of facts capable of supporting the claims. However, Eby determined that five statements Spanier sued over were pure opinion, or not defamatory, and therefore could not serve as the basis for any legal action. Eby also allowed claims to go forward on portions of five other statements that, according to Eby, included both fact and opinion.

Along with trimming the defamation claims, Eby's decision, which was issued late Tuesday, also axed Spanier's tortious interference claim, based on the allegation that Freeh interfered with a job Spanier intended to start with the federal government.

Although Spanier pointed to a stay in the litigation between February 2014 and January 2016 as the reason the tortious interference claim was not brought before the October 2015 deadline, Eby said Spanier had other means of preserving the claim.

"Plaintiff could have filed the tortious interference claims before seeking the stay or before the stay was granted," Eby said. "He could also have alerted the court to the looming expiration of the statute of limitations and sought emergency relief from the stay once it was granted."

Most of the statements that Spanier alleged to be defamatory were either part of the report Freeh released in 2012 outlining the findings of his review of the school's conduct, or statements Freeh made at a press conference immediately after the report's release. The report, which is commonly called the Freeh report, said Spanier failed to heed reports and warning signs regarding Sandusky, who was convicted on 45 of 48 charges related to the sexual abuse of children.

The report included statements that Spanier showed a "total and consistent disregard" for the victims, that he "concealed Sandusky's activities from the board of trustees" and "empowered Sandusky to attract potential victims."

As part of his efforts to toss the defamation claims, Freeh noted that Spanier is facing criminal charges over his allegedly improper handling of the sex abuse allegations, and said none of the statements could meet the threshold to show he had "actual malice" when making the statements.

Eby, however, denied Freeh's arguments on that point.

"While the standard for proving actual malice at trial is a difficult, nearly impossible one, and the magisterial district judge's determination of probable cause may be relevant as evidence at trial or even in a motion for summary judgment down the road, we do not find it conclusive in our evaluation of defendants' preliminary objection on the issue," Eby said.

Libby Locke of Clare Locke, who is representing Spanier, called the decision a "clear victory" for Spanier, noting that Freeh had sought to dismiss the case entirely.

"We are looking forward to reviewing Mr. Freeh's and PSU's documents in discovery," she said. "We highly suspect that there will be plenty to show that Mr. Freeh had an agenda to unfairly target and scapegoat Dr. Spanier in his so-called 'investigation.'"

"It was a very thorough and thoughtful analysis by the court," said Freeh's attorney, Robert C. Heim of Dechert.

Max Mitchell can be contacted at 215-557-2354 or mmitchell@alm.com. Follow him on Twitter @MMitchellTLI.

 

[Legion of Lions]

He is presiding over both of Spanier's lawsuits - the one against Freeh and this one against PSU. His original suit was filed against both and the court ruled that he must file each separately. Eby has made rulings on both. Here is an article on the most recent rulings in the Spanier vs. Freeh case.

LINK: Judge pares Spanier's claims against Freeh

A Lebanon County judge has pared down several claims that former Penn State President Graham Spanier lodged against Louis Freeh over a report Freeh wrote that faulted Spanier and others for failing to properly act on allegations that Jerry Sandusky had sexually abused children.

Senior Judge Robert J. Eby, who is presiding over the case captioned Spanier v. Freeh, ruled that six statements Spanier alleged to be defamatory consisted of facts capable of supporting the claims. However, Eby determined that five statements Spanier sued over were pure opinion, or not defamatory, and therefore could not serve as the basis for any legal action. Eby also allowed claims to go forward on portions of five other statements that, according to Eby, included both fact and opinion.

Along with trimming the defamation claims, Eby's decision, which was issued late Tuesday, also axed Spanier's tortious interference claim, based on the allegation that Freeh interfered with a job Spanier intended to start with the federal government.

Although Spanier pointed to a stay in the litigation between February 2014 and January 2016 as the reason the tortious interference claim was not brought before the October 2015 deadline, Eby said Spanier had other means of preserving the claim.

"Plaintiff could have filed the tortious interference claims before seeking the stay or before the stay was granted," Eby said. "He could also have alerted the court to the looming expiration of the statute of limitations and sought emergency relief from the stay once it was granted."

Most of the statements that Spanier alleged to be defamatory were either part of the report Freeh released in 2012 outlining the findings of his review of the school's conduct, or statements Freeh made at a press conference immediately after the report's release. The report, which is commonly called the Freeh report, said Spanier failed to heed reports and warning signs regarding Sandusky, who was convicted on 45 of 48 charges related to the sexual abuse of children.

The report included statements that Spanier showed a "total and consistent disregard" for the victims, that he "concealed Sandusky's activities from the board of trustees" and "empowered Sandusky to attract potential victims."

As part of his efforts to toss the defamation claims, Freeh noted that Spanier is facing criminal charges over his allegedly improper handling of the sex abuse allegations, and said none of the statements could meet the threshold to show he had "actual malice" when making the statements.

Eby, however, denied Freeh's arguments on that point.

"While the standard for proving actual malice at trial is a difficult, nearly impossible one, and the magisterial district judge's determination of probable cause may be relevant as evidence at trial or even in a motion for summary judgment down the road, we do not find it conclusive in our evaluation of defendants' preliminary objection on the issue," Eby said.

Libby Locke of Clare Locke, who is representing Spanier, called the decision a "clear victory" for Spanier, noting that Freeh had sought to dismiss the case entirely.

"We are looking forward to reviewing Mr. Freeh's and PSU's documents in discovery," she said. "We highly suspect that there will be plenty to show that Mr. Freeh had an agenda to unfairly target and scapegoat Dr. Spanier in his so-called 'investigation.'"

"It was a very thorough and thoughtful analysis by the court," said Freeh's attorney, Robert C. Heim of Dechert.

Max Mitchell can be contacted at 215-557-2354 or mmitchell@alm.com. Follow him on Twitter @MMitchellTLI.

Has it occurred to anyone else how "one sided" ALL the rulings on anything having to do with "The Sandusky Scandal" have played out? Suspicious legal interpretation after suspicious legal interpretation....and no one in the media acknowledges publicly that justice and the courts are being controlled in this matter by "external forces" here in PA???

The shear magnitude and consistency of these kinds of legal actions/interpretations is astounding!!!!

 

[Zenophile]

statecollege.com

http://www.statecollege.com/news/lo...st-spanier-claims-against-penn-state,1469681/
In case you don't want to give them a click:


Six of former Penn State President Graham Spanier's breach of contract claims against the university have been dismissed.

Lebanon County Judge Robert Eby, who is specially presiding in the case, sustained all but one of Penn State's preliminary objections in Spanier's civil complaint, alleges that Penn State violated conditions of the separation agreement they signed in November 2011, when Spanier resigned from the presidency in the fallout from the Jerry Sandusky child sexual abuse scandal.

Five of Penn State's preliminary objections sustained by Eby involved Spanier's claim that the university violated a non-disparagement clause in the separation agreement. Two of those claims related to comments made through Louis Freeh's investigative report on how Penn State handled allegations about Sandusky and three others related to statements made by university trustees.

Eby also sustained Penn State's objection to Spanier's claim that the university failed to reimburse him for legal fees and other expenses. The one claim left standing as of now is that Penn State failed to provide administrative support once he moved from the presidency to a tenured faculty position.

Spanier has 20 days to file an amended complaint.

Can't help but wonder if @demlion has seen this.

 

[Franklin_Restores_TheTradition]

Reported the other day via Legal Intelligencer.

TTBOMK....the Court (Eby) gave ZERO intelligible rationale behind the decision

This is - maybe - the most FUBAR ruling in this entire fiasco.

Have whatever opinion you wish to choose vav Spanier.........but the contentions that were DISMISSED, should have been clear cut decisions in Spanier's favor.

Truly a mind-numbing decision.


I have no idea who this Eby character is.......but if you told me PSU/Freeh had just provided a nice $5,000,000 nest egg for him, I sure as shit wouldn't have a tough time believing it.

Jaw-droppingly astounding decision.

Especially so when another PA Court is busy awarding Mike McQueary $7.3 million for similar claims! LMFAO at the politically-controlled judiciary in Pennsylvania - corrupt as the day is long!

 

[Nitt1300]

Especially so when another PA Court is busy awarding Mike McQueary $7.3 million for similar claims! LMFAO at the politically-controlled judiciary in Pennsylvania - corrupt as the day is long!

and yet Pennsylvania voters continue to refuse to turn the legislature out of office- so where does the fault really lie?

 

[anon_xdc8rmuek44eq]

Has it occurred to anyone else how "one sided" ALL the rulings on anything having to do with "The Sandusky Scandal" have played out? Suspicious legal interpretation after suspicious legal interpretation....and no one in the media acknowledges publicly that justice and the courts are being controlled in this matter by "external forces" here in PA???

The shear magnitude and consistency of these kinds of legal actions/interpretations is astounding!!!!

Is there any way to move any of these proceedings outside of Centre County? I can't imagine there being a single unbiased person when it comes to any and all things Penn State/Sandusky. This whole thing has been a sham from day one.

 

[WeR0206]

Is there any way to move any of these proceedings outside of Centre County? I can't imagine there being a single unbiased person when it comes to any and all things Penn State/Sandusky. This whole thing has been a sham from day one.

I'd say we'd be hard pressed to find an unbiased jury in the country let alone state of PA thanks to the current false narrative that was FIRMLY implanted in everyone's heads thanks to the actions of og bot, freeh, oag, and NCAA.

 

[Franklin_Restores_TheTradition]

I'd say we'd be hard pressed to find an unbiased jury in the country let alone state of PA thanks to the current false narrative that was FIRMLY implanted in everyone's heads thanks to the actions of og bot, freeh, oag, and NCAA.

Ummmm, you missed the biggest propagator and instigator of narrative.....Corbutt and his "brown-shirts".

 

[bjf1991]

Can't help but wonder if @demlion has seen this.

The ruling was as ludicrous as any to date......more so, really

 

[BBHorn86]

So we are now left with basically the Paterno suit against the NCAA to get the key people on the witness stand in a court of law!

Given how all of this has played out I suspect that trial will too go up in smoke.

I get that there is corruption everywhere in the world but what I've witnessed the past five years in this case, the current Presidential election and other situations involving big money controlling the story line I am deeply saddened by the current situation and see really no turning back. You either own the process or you are screwed!

 

[mn78psu83]

So we are now left with basically the Paterno suit against the NCAA to get the key people on the witness stand in a court of law!

Given how all of this has played out I suspect that trial will too go up in smoke.

I get that there is corruption everywhere in the world but what I've witnessed the past five years in this case, the current Presidential election and other situations involving big money controlling the story line I am deeply saddened by the current situation and see really no turning back. You either own the process or you are screwed!

LINK: Paul Kelly says Paterno lawsuit could take a couple of years before it goes to trial

The Paternos' lawsuit is officially in the legal pipeline, and it could be there awhile. Paul Kelly, counsel to several participants in the lawsuit, said the timeline for this case could stretch anywhere from a year-and-a-half to three years.

This article is now almost 3 years and 5 months old.