Penn State argues Paterno lawsuit should be tossed - 21 News Now, More Local News for Youngstown, Ohio -

Penn State argues Paterno lawsuit should be tossed

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BELLEFONTE, Pa. (AP) - Lawyers for Penn State argue in a new court filing that the lawsuit against it by the family of the late Joe Paterno and others should be thrown out.

Preliminary objections filed Monday in Centre County court listed reasons to have the case dismissed, including an argument that Paterno's family lacks the capacity and standing to sue Penn State for alleged violations of NCAA rules.

The plaintiffs added Penn State as a defendant last month after the judge said the lawsuit's breach-of-contract claims needed the university's participation because its interests are at stake.

The lawsuit asks the court to throw out a consent decree between the NCAA and Penn State that imposed a $60 million fine and other penalties for the school's handling of the Jerry Sandusky child abuse matter.

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