He said the likely next step will be for Cleland to order Sandusky's lawyers to file a document that lists their intended claims. After that, Cleland would write an opinion about the case and certify the trial record to Superior Court. Gelman would then get two or three months to file a brief to the appeals court.
The attorney general's office had no immediate comment on the notices.
In the McQueary lawsuit, Penn State's new filing argued that statements in late 2011 by Spanier in support of former administrators Tim Curley and Gary Schultz did not suggest McQueary was lying. McQueary is suing for millions of dollars, alleging Spanier made him a scapegoat.
"This daunting analytical leap is illogical and insufficient as a matter of law," wrote Penn State attorney Nancy Conrad. She said "no fair, cogent reading of the statements suggests that Spanier was making statements by innuendo about (McQueary) that he knew were false or with reckless disregard for their falsity."
Conrad declined an interview request, and a message left for McQueary's lawyer Elliot Strokoff was not immediately returned.
Sandusky, 69, is serving a 30- to 60-year state prison sentence for the sexual abuse of 10 boys, including violent attacks inside Penn State athletics facilities. He maintains his innocence.