That's not what they're arguing, if I'm reading this correctly. The university is saying that they offered to give the alumni trustees access to the documents, if they signed a confidentiality agreement. In the end, the court agreed that the trustees have access but required a confidentiality agreement. Therefore, since the court ruling was in essence what PSU offered in the first place, they shouldn't have to pay legal fees. Which does make some sense.Please correct me if I'm wrong. PSU is arguing that they didn't want to give the alumni trustees full access to the Freeh files, but the judge ruled against PSU, but PSU believes the judge was wrong, so PSU doesn't want to pay alum trustees legal fees?
However, I'm not sure that 1.) the university was so willing to let them see the documents in the beginning, in which case legal fees were incurred fighting that, and 2.) if the confidentiality agreement is substantially different than what PSU offered. I do seem to recall all sorts of rules the university wanted to place on them, like where and when they could review, if counsel could review, etc. Either of those changes the argument in favor of the trustees in my mind.
I don't have enough knowledge on all of the prior rulings, but this is how I'm reading this latest filing.