"Judge rules again that Joe Paterno's family can't sue NCAA for breach..."
- Thread starter ChiTownLion
- Start date
FYI...from John Yonchuk's twitter:
1h1 hour ago
No maxim of law allows defendants to dictate subpoenas, to paraphrase today's important ruling.
1h1 hour ago
No maxim of law allows defendants to dictate subpoenas, to paraphrase today's important ruling.
Here's the CDT link:
Judge Leete issues split rulings in Paterno lawsuit vs. NCAA, Penn State
IMO the biggest ruling here is that discovery can continue and the Paternos can subpoena the 5 Presidents as they see fit according to PA's laws (Judge overruled the NCAA asking for the 5 presidents to be deposted last):
"During oral argument, defendants stated that they believed plaintiffs should depose others before the subjects of the subpoenas. It was proffered that this claim is based upon the inconvenience and expense involved with deposing the subjects of the subpoenas," wrote the judge. "However, they offered no authority to support such a claim. Further, this court is unaware of any legal maxim, case law or statutory requirement that allows a defendant to dictate in what order a plaintiff may depose witnesses."
Unfortunately the protective order will remain in place....(which is baffling to me b/c the NCAA was already exposed in the Corman suit...Corman settling his suit before the release of those 400+ emails is starting to look bad right about now...smh):
"The NCAA also scored on the issue of the protective order. The estate's attorneys had argued that the information the NCAA released in response to the Commonwealth Court case instigated by state Senate Majority Leader Jake Corman, whose attorneys made many documents public by filing them as attached exhibits, made for an uneven playing field. They asked to have the order, issued in September 2014, modified to allow release of any information not deemed "confidential" or "highly confidential."
"Plaintiffs do not provide any authority to support the claim that disclosure in one case necessitates disclosure in another," wrote Leete, keeping the order in place."
This post was edited on 3/30 6:11 PM by WeR0206
Judge Leete issues split rulings in Paterno lawsuit vs. NCAA, Penn State
IMO the biggest ruling here is that discovery can continue and the Paternos can subpoena the 5 Presidents as they see fit according to PA's laws (Judge overruled the NCAA asking for the 5 presidents to be deposted last):
"During oral argument, defendants stated that they believed plaintiffs should depose others before the subjects of the subpoenas. It was proffered that this claim is based upon the inconvenience and expense involved with deposing the subjects of the subpoenas," wrote the judge. "However, they offered no authority to support such a claim. Further, this court is unaware of any legal maxim, case law or statutory requirement that allows a defendant to dictate in what order a plaintiff may depose witnesses."
Unfortunately the protective order will remain in place....(which is baffling to me b/c the NCAA was already exposed in the Corman suit...Corman settling his suit before the release of those 400+ emails is starting to look bad right about now...smh):
"The NCAA also scored on the issue of the protective order. The estate's attorneys had argued that the information the NCAA released in response to the Commonwealth Court case instigated by state Senate Majority Leader Jake Corman, whose attorneys made many documents public by filing them as attached exhibits, made for an uneven playing field. They asked to have the order, issued in September 2014, modified to allow release of any information not deemed "confidential" or "highly confidential."
"Plaintiffs do not provide any authority to support the claim that disclosure in one case necessitates disclosure in another," wrote Leete, keeping the order in place."
This post was edited on 3/30 6:11 PM by WeR0206
Perhaps I'm looking at this with a glass half full... But the fact the University Presidents can be desposed has to be looked at as a very big win and for this simple fact.... Emmert and Crew got them into this mess and it will not go away.
The NCAAA and those in its corner... Are looked at as being out of touch and... Out of control....
Popular opinion and he media... Has turned against the organization.
It is a major pain in the ass to be despiosed and be cross examined by Sollers and Crew.
They wanted this to go away and... It's not.
Call me crazy but they have to be pretty pissed at the NCAA's leadership especially while issues line what is happening with the McNair case makes the organization out to be vengeful....
The NCAAA and those in its corner... Are looked at as being out of touch and... Out of control....
Popular opinion and he media... Has turned against the organization.
It is a major pain in the ass to be despiosed and be cross examined by Sollers and Crew.
They wanted this to go away and... It's not.
Call me crazy but they have to be pretty pissed at the NCAA's leadership especially while issues line what is happening with the McNair case makes the organization out to be vengeful....
Re: The only change from previous rulings is a positive one
The gag order is kinda annoying, because we are all impatient, but largely irrelevant since the Paterno family isn't going to settle. So, it'll go to court and whatever is found during Discovery is going to come out.
Yeah, that's a positive development.
The gag order is kinda annoying, because we are all impatient, but largely irrelevant since the Paterno family isn't going to settle. So, it'll go to court and whatever is found during Discovery is going to come out.
This is why the Corman decision to settle annoyed me so much. I get he just wanted the money in PA but he could have accomished more in terms of discovery and he walked away claiming a hollow victory. We basically had a 'hanging judge' that was killing the ncaa ruling after ruling and Corman walked away from her. We now have a judge that seems to side with the ncaa much more in the Paterno case. The gag order is just ridiculous- especially given the NCAA's public PR actions in the Corman suit. They essentially violated the gag order by using another court case to push their PR and judge Leete apoears to be playing dumb saying 'continue on' as if nothing happened.
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