The NCAA has never been sued by a state government.
A legal expert we talked to says it's going to be interesting to see how this one plays out.
“How is Pennsylvania the proper plaintiff?” we asked Attorney Jason Reimer, who deals with anti-trust cases.
Reimer says it is that question that has law experts buzzing after Governor Tom Corbett filed a law suit as the Commonwealth of Pennsylvania against the NCAA.
“This is a fascinating case,” Reimer told us. “I've studied antitrust law and it’s fascinating because you've never seen the NCAA challenged by a state government.”
The 43-page document announced by Corbett says that Penn State had no choice to accept the sanctions or face a death penalty.
“That's the heart of the anti-trust lawsuit,” Reimer expressed.
By accepting those sanctions, it affected others far off the football field.
“So the impact of sanctions were felt not just by Penn State University but taxpayers and by businesses in the community,” Reimer commented. “So under anti-trust doctrines, federal government can file suit on behalf of citizens if it believes anti-trust violations.”
But Reimer says the next step is if Chief Justice Yvette Kane in the Middle District finds the case standing. It's a close call and either way, it could cost taxpayers a lot of money.
“Depending how it goes this litigation could be as simple as $10,000 to upwards of $500,000 and more,” stated Reimer. Could be expensive depending how this proceeds.”
But if Chief Justice Kane would find Pennsylvania in the right and the NCAA wrong, Pennsylvania could get those attorney dollars back.
“That's only if it goes all the way to the end,” Reimer cautioned. “Appeals that's five, six years down the road at best.”
To read the entire filing, click on the attached link.
A legal expert we talked to says it's going to be interesting to see how this one plays out.
“How is Pennsylvania the proper plaintiff?” we asked Attorney Jason Reimer, who deals with anti-trust cases.
Reimer says it is that question that has law experts buzzing after Governor Tom Corbett filed a law suit as the Commonwealth of Pennsylvania against the NCAA.
“This is a fascinating case,” Reimer told us. “I've studied antitrust law and it’s fascinating because you've never seen the NCAA challenged by a state government.”
The 43-page document announced by Corbett says that Penn State had no choice to accept the sanctions or face a death penalty.
“That's the heart of the anti-trust lawsuit,” Reimer expressed.
By accepting those sanctions, it affected others far off the football field.
“So the impact of sanctions were felt not just by Penn State University but taxpayers and by businesses in the community,” Reimer commented. “So under anti-trust doctrines, federal government can file suit on behalf of citizens if it believes anti-trust violations.”
But Reimer says the next step is if Chief Justice Yvette Kane in the Middle District finds the case standing. It's a close call and either way, it could cost taxpayers a lot of money.
“Depending how it goes this litigation could be as simple as $10,000 to upwards of $500,000 and more,” stated Reimer. Could be expensive depending how this proceeds.”
But if Chief Justice Kane would find Pennsylvania in the right and the NCAA wrong, Pennsylvania could get those attorney dollars back.
“That's only if it goes all the way to the end,” Reimer cautioned. “Appeals that's five, six years down the road at best.”
To read the entire filing, click on the attached link.