Penn State is asking to quash a subpoena in the Paterno estate’s suit against the NCAA.
The university is no longer a named defendant in the lawsuit, but filed paperwork Monday asking Potter County Senior Judge John Leete to kill the subpoena for information in a different Jerry Sandusky-related case.
In a May order on the legal clash between Penn State and its liability insurer Pennsylvania Manufacturers Association, Philadelphia Judge Gary Glazer opened a can of worms when he revealed allegations that Joe Paterno knew his assistant coach was accused of child sex abuse four decades before he was convicted in 2012.
Penn State has settled 32 claims related to Sandusky totaling $93 million.
The university is now asking Leete to keep court records from the PMA case closed, despite an NCAA request to reveal them.
“Individuals who came forward in mediated settlement discussions ... were given assurances that their identities, their allegations, their medical records and the ultimate settlements they reached with the university would be treated with the utmost confidentiality,” wrote university counsel Daniel Booker, of Reed Smith LLP in Pittsburgh.
“Complying with the subpoena would require the university to breach those assurances of confidentiality,” he wrote.
Booker called any relationship between the documents and the case brought by the Paterno estate against the college sports oversight organization an “extremely tenuous connection.”
The NCAA is not the only group seeking access to the documents.
A group of media outlets, including the Centre Daily Times, is asking to have the documents unsealed in Philadelphia court.