ESTATE OF PATERNO v. NCAA

Nos. 877 MDA 2015, 1709 MDA 2014, 878 MDA 2015.

168 A.3d 187 (2017)

2017 PA Super 247

ESTATE OF Joseph PATERNO; Al Clemens, Member of the Board of Trustees of Pennsylvania State University, William Kenney, and Joseph V. Paterno Jr.(Jay), Former Football Coaches at Pennsylvania State University v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION (NCAA), Mark Emmert, Individually and as President of NCAA, and Edward Ray, Individually and as Former Chairman of the Executive Committee of the NCAA, and Pennsylvania State University Appeal of: Pepper Hamilton, LLP George Scott Paterno, as Duly Appointed Representative of the Estate and Family of Joseph Paterno; Ryan McCombie, Anthony Lubrano, Al Clemens and Adam Taliaferro, Members of the Board of Trustees of Pennsylvania State University; Peter Bordi, Terry Engelder, Spencer Niles, and John O'Donnell, Members of the Faculty of Pennsylvania State University; William Kenney and Joseph V. ("Jay") Paterno, Former Football Coaches at Pennsylvania State University; and Anthony Adams, Gerald Cadogan, Shamar Finney, Justin Kurpeikis, Richard Gardner, Josh Gaines, Patrick Mauti, Anwar Phillips and Michael Robinson, Former Football Players of Pennsylvania State University, Appellees v. National Collegiate Athletic Association (NCAA); Mark Emmert, Individually and as President of the NCAA; and Edward Ray, Individually and as Former Chairman of the Executive Committee of the NCAA, and the Pennsylvania State University, Appellants The Estate of Joseph Paterno; Al Clemens, Member of the Board of Trustees of PSU, and William Kenney and Joseph V. Paterno, Former Football Coaches at Pennsylvania State University, Appellees v. National Collegiate Athletic Association (NCAA); Mark Emmert, Individually and as President of the NCAA; and Edward Ray, Individually and as Former Chairman of the Executive Committee of the NCAA, and the Pennsylvania State University, Appellants.

Superior Court of Pennsylvania.

Filed July 25, 2017.


Attorney(s) appearing for the Case

Thomas E. Zemaitis , Philadelphia, for Pepper Hamilton.

Donna M. Doblick , Pittsburgh, for The Pennsylvania State University.

Ashley C. Parrish , Washington, D.C., for Paterno, G., McCombie, Lubrano, Clemens & Taliaferro.

BEFORE: PANELLA, STABILE, and DUBOW, JJ.


These interlocutory appeals arise from orders directing production of documents over objections of attorney-client privilege and work product protection. After careful review, we affirm in part, reverse in part, and remand for further proceedings.1

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