Category Archives: NCAA

Updates on Penn State Litigation

  • In Mike McQueary’s civil suit against Penn State for retaliation in the wake of the Jerry Sandusky scandal, Penn State filed a motion to stay the case pending the resolution of parallel criminal cases against three of the school’s former administrators. The judge denied the motion, reasoning that while there may be common witnesses (the administrators), there are no common issues to warrant a stay. The focus of the criminal cases, said the judge, is what the administrators knew about Sandusky’s crimes when they testified

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Judge Grants Jerry Sandusky’s Motion for Post-Trial Evidentiary Hearing

Penn State’s Jerry Sandusky was already convicted on 45 counts related to child molestation and was sentenced to 30-60 years. The trial judge has now granted Sandusky’s motion for a post-trial evidentiary hearing. Sandusky is seeking to overturn the verdict or obtain a new trial on the grounds that his lawyers did not have enough time to prepare for trial. The judge brought the case to trial about seven months after Sandusky’s arrest. The defense attorneys claim this violated Sandusky’s right to due process because…

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Former Penn State VP Intends to Sue Former General Counsel for Malpractice

The Penn State ugliness just keeps getting uglier. Last week, former Penn State vice president Gary Schultz filed a writ of summons indicating his intent to sue Penn State’s former general counsel Cynthia Baldwin for legal malpractice. The writ does not provide specifics about what Schultz’s allegations against Baldwin will be. But the allegations in the forthcoming lawsuit will probably go something like this: Schultz was called to testify before a grand jury in 2011. Baldwin was Schultz’ lawyer at the grand jury proceeding. Baldwin…

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Penn State Cover-Up Cases Delayed so that the Court Can Analyze Attorney-Client Privilege Issues

Due to issues concerning attorney-client privilege, Pennsylvania judges postponed a preliminary hearing and a trial in the Penn State sexual abuse cover-up cases. The criminal trial of Penn State’s former vice president Gary Schultz and former athletic director Tim Curley was scheduled to begin next month. They are charged with perjury and failure to report suspected child abuse. There was also supposed to be a preliminary hearing this week in a separate case against Schultz, Curley, and former Penn State president Graham Spanier in which…

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Update: Penn State Seeks Stay of McQueary Suit

On Monday, October 22, 2012, Penn State filed a motion to stay former assistant football coach Mike McQueary’s whistleblower and defamation lawsuit.  McQueary’s suit alleges wrongdoing by former Penn State athletics director Tim Curley and former vice president Gary Schultz.  Curley and Schultz allegedly failed to report child abuse after McQueary told them he saw Jerry Sandusky raping a boy in a shower.  McQueary testified about this to a grand jury, and then Penn State allegedly fired him as a result.  Curley and Schultz are…

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ANALYSIS: McQueary Files Whistleblower and Defamation Suit Against Penn State

Mike McQueary, a former assistant football coach at Penn State, has filed a $4 million whistleblower and defamation lawsuit against the school.  The suit stems from Penn State’s alleged retaliation against McQueary after he testified against school officials during the child sex abuse scandal. According to the McQueary Complaint filed in Pennsylvania state court, in 2010, McQueary testified before a grand jury that he saw Jerry Sandusky sexually abusing a child in the showers at Penn State in 2001.  McQueary testified that he reported the…

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