Judge will decide next month on status of McQueary whistleblower suit

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Updated: 3/18 6:34 pm
In the latest in the Jerry Sandusky child sex abuse scandal, Penn State University is continuing to fight to dismiss a defamation and whistle blower lawsuit involving Mike McQueary.

The former assistant football coach is seeking millions in damages.

The former Penn State assistant coach was not in court Monday, but it appeared the judge was siding with him. During Monday's hearing Judge Thomas Gavin continually challenged university attorneys on why they felt this case should be thrown out.

Mike McQueary is suing the university for defamation, saying his reputation has been tarnished by the school; therefore his career as a football coach has been damaged. But the university disagrees, saying McQueary's lawyers fail to prove a link between damages and the university's actions, specifically actions by the schools' former president, Graham Spanier.

They also say McQueary is a limited public figure, which would change the burden of proof. The school's attorneys also predicted the whistle-blower defense will prove invalid, in time.

However, the judge seemed skeptical.

"We stand by our arguments in court as well as the legal documents filed in court," commented Penn State’s Attorney, Nancy Conrad.

The judge concluded the short 30-minute hearing by saying he will render a decision by late April.

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