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Gov. Tom Corbett won't appeal of his antitrust lawsuit against NCAA

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By Adam Smeltz
Tuesday, July 9, 2013, 12:01 a.m.

Gov. Tom Corbett will not appeal the dismissal last month of his antitrust lawsuit against the NCAA, an administration attorney said Monday.

Corbett filed the suit in January in an attempt to reverse sanctions against Penn State University over the Jerry Sandusky scandal, including a $60 million fine and a four-year ban on football bowl games. U.S. District Judge Yvette Kane ruled June 6 that the suit fell short of requirements under antitrust law.

In a prepared statement, state General Counsel James D. Schultz acknowledged the case is over. But he said Kane's decision “did highlight key issues that could be beneficial to other ongoing legal cases concerning the potential harm caused by the NCAA's actions.”

Several Penn State faculty members, the family of late head football coach Joe Paterno and more than a dozen others filed a separate suit in May against the NCAA. Their 40-page complaint, another effort to void the sanctions, alleges contractual failures by the NCAA, conspiracy and defamation, among other claims.

The NCAA did not return calls Monday evening.

Schultz vowed the state will be vigilant.

“We will continue to review legal options available to defend state law, including the requirement that all fine money paid by Penn State be used to support Pennsylvania programs aimed at preventing child sexual abuse,” he said.

Sandusky, a former assistant football coach at the school, was convicted in June 2012 of abusing 10 boys over 15 years. He is serving a 30- to 60-year sentence.

Three former Penn State administrators are fighting charges of perjury, endangering the welfare of children and related crimes.

Adam Smeltz is a Trib Total Media staff writer. He can be reached at 412-380-5676 or

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