In the continuing soap opera that has emerged from the Penn State child sex abuse scandal, the National Collegiate Athletic Association (NCAA) filed its own lawsuit in late February against Pennsylvania Governor Tom Corbett and state treasurer Rob McCord; auditor general Eugene DePasquale; and the chairman of the Pennsylvania Commission on Crime and Delinquency, Mark R. Zimmer. This suit comes just over one month after the Governor’s own lawsuit against the NCAA for the crippling sanctions-including a $60 million fine-the NCAA imposed on Penn State …Continue Reading
In 1992, Congress passed the Professional and Amateur Sports Protection Act, 26 USC 3701, to ban sports gambling outside states where it was already established (Nevada, and to much lesser extents, Delaware, Montana and Oregon) as of the time of the statute. In 2012, the New Jersey State Legislature passed a law allowing for wagering on the outcome of sporting events at racetracks and at Atlantic City casinos, and Governor Chris Christie signed that into law. The four major North American sports leagues, plus the …Continue Reading
In December 2012, New Jersey Governor Chris Christie signed into law “A-2879” which will have a direct impact on an the accessibility of student-athlete social media accounts (what the act terms “social-networking websites”) by employees at institutions of higher learning. The New Jersey bill prohibits any public or private institution of higher education in New Jersey from the following: (read the complete act by clicking here).
- Requiring a student or applicant for admission to provide or disclose any username or password, or in any
The NCAA’s seemingly never-ending probe of the University of Miami football and basketball programs took a bizarre turn on Wednesday, as the governing body admitted that it improperly obtained information via the attorney of former booster, and convicted felon, Nevin Shapiro. The NCAA admitted to hiring Mr. Shapiro’s attorney, Maria Elena Perez, to depose witnesses in his bankruptcy case.
The NCAA does not have subpoena power, and thus may have gained information that would not have otherwise been available through Ms. Perez’s representation of Mr. …Continue Reading
- 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
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 …Continue Reading
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 …Continue Reading
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 …Continue Reading
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 …Continue Reading
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 …Continue Reading