The estate of the late Joe Paterno has a question for the court: If state Sen. Jake Corman is allowed to reveal emails in his legal battle with the NCAA and Penn State, why the protective order for the Paterno case?
On Friday, the estate filed a motion in Centre County Court asking for the protective order in the case to be modified.
The move comes after several filings in recent weeks that have dropped bombshells from the Corman camp.
Included in the Commonwealth Court filings in his case have been exchanges between NCAA executives that suggested the NCAA bluffed the university into accepting sanctions after the Jerry Sandusky child sex abuse scandal, debates over whether there was that authority, and details about a working relationship between the NCAA and the independent investigation, commissioned by Penn State, by former FBI director Louis Freeh.
Freeh’s law firm, Pepper Hamilton, lost a bid Thursday to have some documents in the Paterno estate’s breach of contract case protected by attorney-client privilege. That came after several Commonwealth Court rulings have cut against the NCAA with regard to privilege arguments protecting its documents.
Last week, the NCAA, in return, released a number of emails in response to the Corman releases.
That made the estate’s attorneys file their motion, since the NCAA had requested the protective order in the Centre County case, claiming that the plaintiffs might “selectively” release materials to the public.
“The NCAA is now engaging in exactly the same conduct it successfully sought to prevent the plaintiffs from engaging in,” the Paterno estate attorneys argued, claiming that keeping the order in place allows potential jurors in the case to be unfairly influenced by the NCAA while the estate is prevented from similar actions.
They asked the court to rescind that restriction.