Clearly, the Paterno Family is suing Penn State

The quote that is a game-changer: 

"After giving it more thought and talking it over with Joe yesterday, I am uncomfortable with what we agreed were the next steps. I am having trouble with going to everyone but the person involved. I would be more comfortable meeting with the person and tell them about the information we received and tell them we are aware of the first situation." 

Athletic Director Tim Curley, 2001, CNN.

The Paterno Family who survive the late coach Joe Paterno is fighting very hard to force Penn State to incur thousands -- perhaps tens of thousands -- of dollars in debt in their current lawsuit against the NCAA and PSU. 

According to an Associated Press story released on July 9, Penn State wants to limit the legal discovery that the Paterno family desires in the case. The Family is attempting to force both the NCAA and Penn State to submit tens of thousands of documents to it such as e-mails that "may" be interesting to the Paternos.

Interesting. The Family initially argued that they were not really making Penn State a party to the lawsuit, calling the university a "nominal defendant." As a nominal defendant, Penn State is recording significant costs as the university employs high-salaried lawyers and other professionals in defending this case. 

Just in case you forgot, the Paterno Family received a severance bonus of $13 million from Penn State after his passing. (The Family actually had the gall to request use of the Penn State plane for their use even after his death.) They were also given use of Beaver Stadium for the "The Paterno Family Beaver Stadium Run" earlier this year. Who else would be given the use of their edifice for such an event named for The Family that is suing you? 

Yes, that day is for Special Olympics, and Sue Paterno has been active in promoting that charity, but that event deserves a new name.

President Eric Barron, this is something that should end … at least the name should change. "Penn State Beaver Stadium Run for Special Olympics" sounds much better to me than giving your stadium over to The Family that is suing you. 

The irony of this is that the case could ultimately be thrown out of court because the family has no standing to sue the NCAA (or Penn State). Joe Paterno passed away before the NCAA infractions were administered, and that does not pass to The Family. 

Even if it did, the University is the only one that has standing to accept or deny the sentence that was given to it by the NCAA.

The legal teams are spending a great deal of time -- and money -- right now arguing the legal ramifications of the case. 

http://www.pennlive.com/midstate/index.ssf/2014/07/penn_state_wants_to_limit_how.html#incart_river

What The Family wants is access to documents and e-mails that will refute the report commissioned by the Board of Trustees after the Sandusky scandal broke. The BOT received a document prepared by former FBI Director Louis Freeh, who sharply criticized Paterno, former president Graham Spanier, Vice President Gary Shultz, and Athletic Director Tim Curley as violating the law by failing to report a child molestation to the legal authorities, engaging in essentially a cover-up for obstruction of justice.

Key to that case is an e-mail from Athletic Director Curley to former President Graham Spanier and Vice President Gary Shultz  that Freeh uncovered that included this gem. In a previous decision, Shultz laid out steps that should be followed, including reporting this to the Department of Public Welfare. Curley changed the game, and the others agreed to it:

"After giving it more thought and talking it over with Joe yesterday, I am uncomfortable with what we agreed were the next steps. I am having trouble with going to everyone but the person involved. I would be more comfortable meeting with the person and tell them about the information we received and tell them we are aware of the first situation," Curley's 2001 email said, according to CNN.

The meaning of this is clear. Coach Paterno obviously talked his nominal boss -- Curley -- into changing the trajectory of the case, avoiding sending it to legal authorities who could besmirch his football program once the information was released. 

Spanier actually called Curley's idea "more compassionate" toward Sandusky, while all ignored asking if the boy was doing okay. Some compassion.

The upcoming criminal trial of those three administrators will be interesting since it may include documents that were previously not released by the prosecution. (That case is on shaky ground because of Cynthia Baldwin, which is another story for another day.) These documents may reveal that Paterno knew about the Sandusky investigation in 1998, which would make him a perjurer. 

I have avoided making a conclusion that Paterno was guilty of perjury, but this case may make that clear since it will be key to the perjury cases against the Penn State Three.