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NCAA fights back in defamation suit brought by Paterno estate

If that's your case, you'd be laughed out of court in heartbeat.

Isn't that what you said about the Paterno's case? You know, the one where they've sued the University for slander. The one that didn't get laughed out of court, and to the contrary, is knee-deep in discovery two years later?
 
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If that's your case, you'd be laughed out of court in heartbeat.
How many defamation suits have you tried, Carny? I am guessing in the over/under is "none." I have only tried 2. Won 'em both. I thereafter settled several others, because the lawyers who might have fought the cases took a long look at the record. Funny--the way you talk, you could have been one of those lawyers in the cases I tried. Both of them were pretty dismissive right up until the verdict was read. I daresay the Paterno family's attorneys are likely pretty good at figuring out whether they have a case or not. So, given the choice of whether to believe them, or a broken down knob-polisher like yourself, I will go with them.
 
How many defamation suits have you tried, Carny? I am guessing in the over/under is "none." I have only tried 2. Won 'em both. I thereafter settled several others, because the lawyers who might have fought the cases took a long look at the record. Funny--the way you talk, you could have been one of those lawyers in the cases I tried. Both of them were pretty dismissive right up until the verdict was read. I daresay the Paterno family's attorneys are likely pretty good at figuring out whether they have a case or not. So, given the choice of whether to believe them, or a broken down knob-polisher like yourself, I will go with them.

Hogwash, Dem. Homeboy's clearly a high functioning knob-polisher.

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You mean the report that the BOT commissioned, influenced and had published without having read it? That one? Yes that one. The one the faculty insisted be immediately released so as to not suggest lack of independence.

LOL. Anyone notice that he came in after the fact and added the bolded sentence to his admission that the BOT commissioned, influenced and published the Freeh report without having read it.

So, now we know who to really blame: the faculty. It was the faculty who told the BOT not to read the report and to publish it immediately. In the world of CR66 this is sufficient to absolve the BOT of any responsibility for their reckless, tortious actions.
 

I'll donate to the cause. Won't you? We all want a 'full and transparent resolution' to this issue. Correct?
 
How many defamation suits have you tried, Carny? I am guessing in the over/under is "none." I have only tried 2. Won 'em both. I thereafter settled several others, because the lawyers who might have fought the cases took a long look at the record. Funny--the way you talk, you could have been one of those lawyers in the cases I tried. Both of them were pretty dismissive right up until the verdict was read. I daresay the Paterno family's attorneys are likely pretty good at figuring out whether they have a case or not. So, given the choice of whether to believe them, or a broken down knob-polisher like yourself, I will go with them.

Hey I didn't realize James was a board member with his good friend Dave Joyner at the Schreyer Honors College....
 
Isn't that what you said about the Paterno's case? You know, the one where they've sued the University for slander. The one that didn't get laughed out of court, and to the contrary, is knee-deep in discovery two years later?
The Paterno Estate hasn't sued Penn State for commercial disparagement (which I think is the term you meant to use), only the NCAA (it's at p. 48 of the Second Amended Complaint).

The only claim against Penn State is for breach of contract on the theory that the Paterno Estate was a third party beneficiary under the consent decree and was owed a duty of good faith and fair dealing and Erickson violated this duty by agreeing to the consent decree. This claim starts at p. 38 of the Second Amended Complaint.

co.centre.pa.us/centreco/media/upload/PATERNO%20VS%20NCAA%20SECOND%20AMENDED%20COMPLAINT.pdf
 
im confused...if the ncaa is asking for all of the freeh docs from the paterno's what is stopping the paternos from getting all the freeh information from PSU? wouldn't they then have to turn them over?!?
 
There is not a snowballs chance in hell that anyone can prove that the Board abdicated its fiduciary obligation. You may not like some of the decisions it made but whatever the decisions, they were made in the bests interest of the university as determined by the then sitting trustees and not you. Proving they weren't is going to be be near impossible. But maybe you can tell us how you would do that?

Well, that's a lie and you know it. The decisions they made were to protect themselves at the expense of the university. Their self-interest cost Penn State hundreds of millions of dollars and the meter is still running.

Speaking of which, I'm not a fan of Lanny Davis, or anything, but why didn't the board take his advice and mend fences with the Paternos? That sure seems like it would have been in the best of interest of the university. Instead, they ignored the advice of their expensive, renowned crisis expert and paid Freeh to defame Paterno. How'd that serve Penn State's interests?
 
It is pretty standard discovery stuff. You basically ask for everything that your opposing party believes in any way supports any of their claims. So, for example, if I claim that I was defamed by demlion I would expect that demlion would ask me to list all communications that I believe in any way defamed me, and to including who heard/read the communications, when the communications took place etc, etc . . . The responses typically end up pretty generic so it is not that worthwhile in the long run, but the main point to make sure there is nothing unknown out there.
 
Why are you proud that the University would rather drag this out legally in the hopes that the Paterno estate runs out of money rather than find out what really happened? Why would anyone, without something to hide, want this outcome?
 
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For the Paternos this is not about money. You cannot put a price on justice and truth.

What world do you live in? Cost/benefit decisions are made every day in every aspect of life.

Indeed, cost/benefit decisions are made by everyone, including Bill Gates, on a daily basis. That said, your observation does not refute chrisrn1965's post.

They have plenty of money to take this the distance.

Unless you are a Paterno there is no way you know this. Everyone has a financial tipping point and the Paternos have theirs. If the family wants to make it about the truth, then Wink Wink should come forward and make it known that the family will donate the proceeds of any settlement to the university.

Your 1st sentence is mostly correct. However, there are some that know a good bit about the financial situation of the Paterno family. There are those that know more about their financials than do I, but from what I do know I feel very confident in stating that chrisrn1965 is correct (and that's not even factoring in that lawsuits like this are generally conducted on an upfront fee and a contingency basis by the lawyers).

Every person/family does have a financial tipping point. If the Paternos wanted to own all of Manhattan (for example), then they would certainly run into theirs. Their lawsuit is not something that will bring them anywhere close to their financial tipping point.

The Paterno Family is seeking the truth. They have a pretty good idea of what it is, which is different than the narrative that was expressed by the PA OAG in Nov. 2011, the PSU BOT over 2011 and 2012 (and since then), Louie Freeh in July 2012, and Mark Emmert in July 2012. They also indicated early on in the lawsuit that if they earn any compensation as a result of the lawsuit, that they would donate that to charity. I fail to see how announcing they will donate any proceeds to PSU (which is a party in the lawsuit) would prove anything about the family's desire to seek the truth. You really lost me on that statement.
 
The BOT and the vermin that follow them have been donating their winnings to the charity of their choice---themselves and their friends---for decades. Imagine how shocked they will be when the Paterno's really don't keep any of the money.

No wonder Carnes looks constipated in that picture of him.
 
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He is a washed up wind bag that struggles with the fact that he is now irrelevant. Some people tolerate the sycophantic lummox to get more of his money.
 
He is a washed up wind bag that struggles with the fact that he is now irrelevant. Some people tolerate the sycophantic lummox to get more of his money.
I love your rationale here. It is a very probable scenario. Must give serious thought to clicking on that "Like" button!
 
Is it possible that the NCAA wants the Paterno family to produce information from Freeh so that PSU eventually must produce it thereby exposing trustees as the culprits in the cover up and getting the NCAA off the hook because after all, the NCAA was the one requesting the Freeh information now, so how could they have known the Freeh lies then?
 
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LOL. Anyone notice that he came in after the fact and added the bolded sentence to his admission that the BOT commissioned, influenced and published the Freeh report without having read it.

So, now we know who to really blame: the faculty. It was the faculty who told the BOT not to read the report and to publish it immediately. In the world of CR66 this is sufficient to absolve the BOT of any responsibility for their reckless, tortious actions.

Wait, I thought Paterno ran the place, not the faculty????
 
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Is it possible that the NCAA wants the Paterno family to produce information from Freeh so that PSU eventually must produce it thereby exposing trustees as the culprits in the cover up and getting the NCAA off the hook because after all, the NCAA was the one requesting the Freeh information now, so how could they have known the Freeh lies then?
Kind of thought the same thing myself. This could turn into a WWF "Texas Strap/Cage" Match in a real hurry.
 
The Paterno Estate hasn't sued Penn State for commercial disparagement (which I think is the term you meant to use), only the NCAA (it's at p. 48 of the Second Amended Complaint).

The only claim against Penn State is for breach of contract on the theory that the Paterno Estate was a third party beneficiary under the consent decree and was owed a duty of good faith and fair dealing and Erickson violated this duty by agreeing to the consent decree. This claim starts at p. 38 of the Second Amended Complaint.

co.centre.pa.us/centreco/media/upload/PATERNO%20VS%20NCAA%20SECOND%20AMENDED%20COMPLAINT.pdf

This is mostly, IMHO, because the Paterno's love Penn State and really don't want to go after Penn State except where they have to do so to get to the truth. This part of the complaint would allow them to open up/get discovery on any record of dealings that PSU had with the NCAA.
 
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