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Hearing in Todd McNair lawsuit against NCAA continued to Oct. 27

Hearing in Todd McNair lawsuit against NCAA continued to Oct. 27
Todd McNair coaches USC tailbacks in 2009. (Alex Gallardo / Los Angeles Times)

A California Court of Appeal hearing in the defamation lawsuit that former USC assistant football coach Todd McNair filed against the NCAA was continued from next Wednesday to Oct. 27.

On the court's own motion, oral arguments will be limited to the NCAA's motion to seal the record lodged conditionally under seal.

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McNair filed his lawsuit in June 2011 after the NCAA denied his appeal to overturn findings and penalties imposed against him that resulted from an investigation centered on former USC running back Reggie Bush.

In November 2012, Los Angeles Superior Court Judge Frederick Shaller ruled against the NCAA's motions to dismiss the case and to keep documents under seal. McNair had shown a "probability of prevailing on the defamation claims," Shaller wrote.

Shaller wrote that emails between an infractions committee member, an NCAA employee and an NCAA appeals coordinator "tend to show ill will or hatred." Shaller said in court that "the conduct that is shown by the persons involved in this investigation is over the top, it's malicious, and I think it was directed for an outcome."

The NCAA is seeking to have the court overturn the ruling.

The Los Angeles Times and the New York Times filed an application with the appellate court to unseal the NCAA documents.

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