Posted January 07, 2014 on AP on Fox
Penn State University has to become involved in a lawsuit filed by Joe Paterno's family and others against the NCAA in order for parts of it to proceed, a state judge ruled Tuesday. The 25-page opinion by Judge John Leete delivered a mixed decision by dismissing some elements, keeping others alive and leaving the door open for an amended lawsuit to be filed. Leete said breach of contract claims, however, cannot continue without Penn State's participation because the school is an ''indispensable party,'' given that the lawsuit could affect the university's interests and contractual rights. The lawsuit seeks to void a consent decree between the NCAA and Penn State over handling of the Jerry Sandusky child sex abuse scandal, an agreement that imposed a $60 million fine, a four-year ban on postseason play, a reduction in scholarships and other penalties. ''If the consent decree is declared void, as plaintiffs request, Penn State would lose the ben...
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