Unless Graham Spanier is required to file a complaint in his pending defamation suit against Louis Freeh, Freeh’s lawyers will be prevented from seeking the case’s removal to federal court, they argued to the state Superior Court on Wednesday.

Attorneys for Spanier, the ex-Penn State University president, and Freeh, who led the university’s internal investigation into the Jerry Sandusky child sex-abuse scandal, focused on whether the Centre County Court of Common Pleas correctly stayed Spanier’s defamation suit against Freeh despite the fact that Spanier has yet to file a complaint.