Commonwealth Court wants to hear the NCAA’s side of an argument about a new kind of privilege.
On Monday, attorneys for state Sen. Jake Corman, R-Benner Township, filed a motion asking the court to rule on the “joint defense privilege” being put forth by the college sports organization after the court shot down excessive protestations of attorney-client privilege.
Corman and state Treasurer Rob McCord are suing the NCAA over enforcement of the Endowment Act that would keep $60 million in fine money levied after the Jerry Sandusky child sex abuse scandal in Pennsylvania.
Judge Anne Covey responded Tuesday, entering an order directing the NCAA to file a response to the motion by Dec. 4.
“Any response filed after that date will not be considered,” Covey wrote.
Corman’s lawyers were still busy on Tuesday. Attorney Matthew Haverstick, of Conrad O’Brien LLP, in Philadelphia wrote a letter to the chief clerk of Commonwealth Court asking that the case be placed in mediation.
“Previously, the parties participated in mediation with (Covey). In that prior process, the parties were able to focus their disputes, but were, unfortunately, unable to reach an accord due to certain insurmountable differences at that time,” Haverstick wrote. “We write today to advise that we believe we have seen significant movement on those differences and that this matter is now within reach of a mediated resolution.”
Haverstick requested the case be scheduled at “the earliest convenient time,” and said resolution of the matter was “in both the parties’ and the public’s interest.”