Corbett won't appeal dismissal of NCAA antitrust suit

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HARRISBURG -- Gov. Tom Corbett's chief legal adviser said Monday that the administration will not appeal the dismissal of its antitrust lawsuit challenging the NCAA sanctions against Penn State.

Corbett had asked the court to throw out the penalties, levied against Penn State after the Jerry Sandusky child sexual abuse scandal, arguing the NCAA had overstepped its authority in issuing the sanctions and that they would harm the university and surrounding community.

Chief U.S. District Judge Yvette Kane last month dismissed the lawsuit, saying it had failed to raise questions of antitrust law.

Facing a deadline, the governor's general counsel, James D. Schultz, said in a statement that the administration would not appeal the dismissal.

He noted, however, that the judge's ruling could indicate an openness to other complaints about the sanctions.

"While this particular case is now concluded, the court's ruling did highlight key issues that could be beneficial to other ongoing legal cases concerning the potential harm caused by the NCAA's actions, which Judge Kane noted 'raises serious questions about the indirect economic impact of NCAA sanctions on innocent parties,' " he said.

The NCAA in a separate lawsuit has sued to block the state from enforcing a new law requiring a $60 million fine -- one of the Penn State sanctions -- to be spent within Pennsylvania.

The NCAA argued the state law attempts to negate its agreement with Penn State and to confiscate money intended to be spent on victims of child sexual abuse nationwide.

Schultz said the administration will continue defending that law.

"We will continue to review legal options available to defend state law, including the requirement that all fine money paid by Penn State be used to support Pennsylvania programs aimed at preventing child sexual abuse," he said.

A spokeswoman said the NCAA had no comment on the administration's decision not to appeal.

breaking - electionspa - state

Karen Langley: klangley@post-gazette.com or 717-787-2141. First Published July 8, 2013 4:45 PM


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