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Wed Jan 2, 2013, 09:58 PM

Corbett's lawsuit against the NCAA because of Penn State sanctions has little chance of succeeding:

In a federal lawsuit filed on Monday, Pennsylvania Gov. Tom Corbett attacks the NCAA and the sanctions applied to Penn State as a result of the Jerry Sandusky scandal.

Corbett and his lawyers claim the NCAA violated the nation's antitrust laws when the NCAA insisted that the university agree to severe sanctions. The lawsuit demands that the NCAA's sanctions be lifted and raises questions about the authority of the NCAA to govern college sports and on other legal issues. Here are some of the questions and their answers:

Q: Will Gov. Corbett succeed in his attempt to undo what the NCAA has done to Penn State?

A: No. There are two basic legal rules that are likely to result in an early dismissal of Corbett's lawsuit. The words that describe these legal rules are "standing" and "waiver." To succeed in any civil lawsuit, the person filing the lawsuit must have standing to sue, a stake in the outcome of the dispute. If, for example, a former Penn State player filed suit over the NCAA's elimination of Penn State victories and championships, he would have standing to challenge the NCAA, because he played in the games. Corbett has no identifiable interest or standing in the welfare of the Penn State football program. His lawyers, clearly worried about the standing question, attempt to establish standing for Corbett with multiple mentions of supposed damage to the "state revenue base," but it won't work. Corbett is the wrong guy to file this lawsuit.

"Waiver" describes an action that has already been agreed to and accepted -- the NCAA sanctions that Corbett attacks. The university agreed to the sanctions in a "consent order" last summer. If Corbett ever had any chance to attack the sanctions, it disappeared with the university's agreement and its waiver of the right to question the sanctions.

Q: Could Corbett's lawsuit benefit from his role as governor, given the case will at least initially be heard in Pennsylvania?

A: If Corbett and his lawyers manage to find a judge who will lean in the direction of Penn State, they may succeed in the early litigation stages as the beneficiaries of a home-court advantage. Even a federal judge with lifetime tenure can be subject to local pressures. But even this possibility looks remote. The case is currently assigned to U.S. District Judge Yvette Kane in Harrisburg. Kane, 59, is a graduate of Nichols State University and Tulane Law School and has no immediately apparent connections to Penn State.

Q: What is Corbett's legal theory?

A: The 43 pages of Corbett's lawsuit are filled with political rhetoric and almost devoid of anything resembling jurisprudence. The only apparent legal theory is based on antitrust laws that govern monopolies that use their powers to fix prices or to manipulate markets. There is, of course, no doubt that the NCAA is a monopoly. It has the power of a cartel and is clearly subject to antitrust scrutiny.

Corbett asserts that the NCAA is using its monopoly powers to restrain one competitor (Penn State) from competing with other member schools, labeling the sanctions a "clumsy attempt to harm a competitive member school." The problem for Corbett is that the NCAA in its punishment of Penn State is doing exactly what its members created it to do. It is not conspiring to manipulate any market. It is, instead, performing the regulatory function that the Division I schools want it to perform.
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http://espn.go.com/college-football/story/_/id/8807057/pennsylvania-governor-lawsuit-ncaa-penn-state-sanctions-little-chance-succeeding

Munson deals with sports issues. He comments regularly on ESPN.
Corbett is pulling a political stunt. He is trying to gain favor with somebody. I don't know if it's the general public or some person.
I just hope it doesn't go anywhere.

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Reply Corbett's lawsuit against the NCAA because of Penn State sanctions has little chance of succeeding: (Original post)
Are_grits_groceries Jan 2013 OP
appleannie1 Jan 2013 #1
Tempest Jan 2013 #3
Tempest Jan 2013 #2
madrchsod Jan 2013 #7
Ikonoklast Jan 2013 #9
JPZenger Jan 2013 #4
FSogol Jan 2013 #5
Angry Dragon Jan 2013 #6
Tempest Jan 2013 #8

Response to Are_grits_groceries (Original post)

Wed Jan 2, 2013, 10:13 PM

1. Corbett is as guilty as Penn State IMO. He could have charged Sandusky and chose to

run for governor instead.

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Response to appleannie1 (Reply #1)

Wed Jan 2, 2013, 10:18 PM

3. Corbett is trying to head off an investigation into his role

AG Kane was elected promising to investigate Corbett's role in covering up the crimes by not investigating them himself while having close ties to Sandusky's charity.

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Response to Are_grits_groceries (Original post)

Wed Jan 2, 2013, 10:16 PM

2. For a former AG, Corbett is ignorant of the law.

PSU signed a legal agreement with the NCAA where both parties benefited.

In that document are rules and fines for violations of the rules. Also included are other violations that can result in fines, which PSU violated.

PSU is under contract with the NCAA and are legally obligated to fulfill it by paying the fines they agreed to.

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Response to Tempest (Reply #2)

Wed Jan 2, 2013, 11:50 PM

7. ignorance of the law is no exuse

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Response to Tempest (Reply #2)

Thu Jan 3, 2013, 12:54 AM

9. The NCAA retains the right to withdraw their affiliation as a sports sanctioning body from

any organization they deem not worthy...especially if that organization costs the NCAA money.

Like Penn State has.

That's why Penn State wants nothing to do with Corbett on this.

That would most likely spell the end of big-time collegiate sports at that university.

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Response to Are_grits_groceries (Original post)

Wed Jan 2, 2013, 10:26 PM

5. Q. As Attorney General of PA, Corbett found there wasn't enough evidence to bring

Sandusky to trial.

A. That's not a question, but I agree that Corbett should share the cell next to Sandusky and the rest of the cover up crowd.

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Response to Are_grits_groceries (Original post)

Wed Jan 2, 2013, 10:42 PM

6. investigate Corbett

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Response to Angry Dragon (Reply #6)

Thu Jan 3, 2013, 12:26 AM

8. Newly elected AG Kane ran on the platform of investigating Corbett

While AG, Corbett was involved in Sandusky's charity.

He should have excused himself and appointed an independent investigator.

Instead he covered his friend's ass.

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