NCAA, Penn State Take "Beat Down" From Judge Leete in Paterno v. NCAA Lawsuit

Over half of the NCAA's and PSU's objections soundly rejected in very brief arguments by Judge Leete.  Plaintiffs (Paterno, et al) can file amended complaints on 5 of the 8 objections that were sustained.

By 

Ray Blehar

PATERNO v. NCAA SCOREBOARD

September 11, 2014 

Defendants, NCAA and Penn State succeeded

on only 28.6% of their combined objections,
however over half of those may be challenged.

Twitter highlights starting at  Impertinent Material and Demurrer to Count 1. 
Please read from bottom to top.

Ray Blehar @RayBlehar · 4m

P. 33 PSU objection "Missing Letter in Request # 3" was overruled. Procedural error has been corrected.

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Ray Blehar @RayBlehar · 7m

P. 33: Big Loss for plaintiffs and the public. No non-confidential pretrial discovery info can be released to the public.

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Ray Blehar @RayBlehar · 11m

p. 31: PSU loses to exclude subpoenas from "The Paterno Family." Already rule upon in preliminary objections.

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Ray Blehar @RayBlehar · 12m

P. 30: Exception for Freeh invoices denied....invoices may lead to new evidence. PSU on losing streak.

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Ray Blehar @RayBlehar · 14m

P 30: Court denies PSU motion to exclude documents post 7-23-2011. Freeh kept getting paid after that. Money talks, BS walks!

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Ray Blehar @RayBlehar · 16m

P. 29 PSU loses on "Invasive of Confidentiality" and documents already in the "Public Domain."

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Ray Blehar @RayBlehar · 18m

P. 29 denies PSU objection search being COSTLY, burdensome. #LAFFER

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Ray Blehar @RayBlehar · 21m

P 26&27: Overruled PSU's objection that findings in Freeh Report were opinions. Held that info rel to NCAA, Emmert, & Ray too speculative

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Ray Blehar @RayBlehar · 24m

P. 26. Judge rules info about criminal investigations shared with Freeh by PSU is discoverable.

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Ray Blehar @RayBlehar · 26m

P. 25: CHRIA will only apply in a limited number of cases....arrests, indictments, depositions, etc that were collected from the UPPD.

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Ray Blehar @RayBlehar · 28m

P. 24. FERPA - no privilege exists for PSU under FERPA.

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Ray Blehar @RayBlehar · 29m

P. 24 discusses search of 3.5M emails. Plaintiffs to provide search terms to PSU. PSU to perform search and provide privilege log.

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Ray Blehar @RayBlehar · 33m

p. 23. Judge rules "self-examination" objection does not apply to PSU. PA law doesn't recognize it. Just call me Steve Dumb-ham!

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Ray Blehar @RayBlehar · 2h

p23. Leete says attorney-client work product privilege does not apply to PSU.

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Ray Blehar @RayBlehar · 2h

p. 21: Leete states documents shared with NCAA, Big Ten not subject to A/C privildge, citing Serrano case.

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Ray Blehar @RayBlehar · 2h

p. 18. PSU fails on same grounds as @NCAA in "Failure to Comply" objection.

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Ray Blehar @RayBlehar · 2h

P. 18. PSU again cites nonspecifics on civil conspiracy. Plaintiffs to provide 2nd filing. BTW, this is b/c PSU was a "nominal defendant."

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Ray Blehar @RayBlehar · 2h

p. 17: Favors PSU argument of lack of specifics as 3rd Party beneficiaries. Plaintiffs have opporunity to file specifics.

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Ray Blehar @RayBlehar · 2h

p. 16: PSU argument it didn't violate @NCAA By-laws or procedures holds. Plaintiffs requested to provide 2nd filing.

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Ray Blehar @RayBlehar · 2h

P. 16: PSU loses identical rulings as @NCAA Clemens standing & JVP, Jay, Bill Kenney, and Al Clemens civil conspiracy.

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Ray Blehar @RayBlehar · 2h

Page 16: Leete agrees with PSU that there is insufficient info for them to defend. Plaintiffs to refile to provide specifics.

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Ray Blehar @RayBlehar · 2h

Page 15: Lack of Jurisdiction over Emmert and Ray "set aside." To be ruled on separately.

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Ray Blehar @RayBlehar · 3h

Page 14: @NCAA's Objection based Failure to Conform argument rendered moot. Procedural defect corrected.

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Ray Blehar @RayBlehar · 3h

Page 14: @NCAA loses again on Commercial disparagement. Judge states "no new argument" made.

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Ray Blehar @RayBlehar · 3h

Page 14: Leete whacks @NCAA badly citing Consent Decree -- statements in it are defamatory. Count V holds.

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Ray Blehar @RayBlehar · 3h

Latest decision in Paterno v. NCAA @brick295 http://co.centre.pa.us/centreco/media/upload/PATERNO%20VS%20NCAA%20OPINION%20AND%20ORDER%209%2010%2014.pdf …

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Ray Blehar @RayBlehar · 3h

Page 11: JVP, Jay, Bill Kenney, and Al Clemens have standing for civil conspiracy claims...remaining plaintiffs do not.

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Ray Blehar @RayBlehar · 3h

Page 10. Ruling in favor of Jay and Bill Kenney. Provided sufficient evidence for tortious interference.

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Ray Blehar @RayBlehar · 3h

Page 8. Judge rules JVP is not an involved party due to his demise, but Clemens is. @NCAA still losing badly.

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Ray Blehar @RayBlehar · 3h

Reading Judge Leete's ruling. Page 7 states NCAA "used circuitous logic." So far, @NCAA losing badly. @MarkHorgas @No1Lion99