Paterno family attorneys name Penn State a ‘nominal defendant’ in amended complaint against NCAA

02/05/2014 2:51 PM

02/05/2014 2:51 PM

The lawyers for the family of the late Joe Paterno have filed an amended complaint in their case against the NCAA.

The complaint outlines claims that the NCAA sanctions hurt job prospects for two former coaches, and it adds Penn State as a nominal defendant in the breach of contract claim.

Paterno family lawyer Wick Sollers released the following statement after the amended complaint was filed Wednesday:

“In the January ruling, the court ordered the breach of contract claims dismissed without prejudice to amend, accepting the NCAA’s argument that Penn State has an interest in the claims and, therefore, that the claims cannot be litigated without the university’s participation in the litigation. Accordingly, the amended complaint adds Penn State as a nominal defendant on the contract claim only. To be clear, we do not seek any monetary damages from Penn State, nor do we ask that the court order Penn State to take any action. We ask only for a declaration that the plaintiffs have rights under the NCAA rules that were violated, and that the Consent Decree imposed by the NCAA is null and void."

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