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Sheller, P.C.
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College Requests Stay in McQueary v. Penn State Whistleblower Lawsuit

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Penn State is seeking a stay in the Mike McQueary whistleblower case. A previous stay was denied in 2012.

McQueary, the former Penn State assistant alleged he witnessed former football coach assistant for the university Jerry Sandusky abusing a boy in the locker room in 2001. McQueary is seeking $4 million on on whistleblower, defamation and misrepresentation claims.

Depositions taken from former president Gary Shultz, along with former athletic director Tim Curly – to whom McQueary reported the incident – have both invoked their Fifth Amendment rights as they await trial.

Penn State argued, if a civil case overlaps a related criminal case with “substantial overlapping factual issues,” the court has the discretion to stay. They also argued, “There will be no need to continue to engage in piecemeal litigation and trial practice, which is generally disfavored by the courts as inefficient and costly to all.”

McQueary initially filed his lawsuit in 2012 when he was not retained on staff. The suit claims the university discriminated against him for cooperating with the investigation of Sandusky, charged with 45 counts of related child sexual abuse.