HARRISBURG, Pa. - A judge says Penn State University must become involved in order for parts of a lawsuit filed by Joe Paterno's family and others against the NCAA to proceed.

The 25-page opinion issued Tuesday by state Judge John Leete delivers a mixed decision. It dismisses some elements, keeps others alive and leaves the door open for an amended lawsuit to be filed.

Leete says breach of contract claims can't continue without Penn State's participation because the school is an "indispensable party." Leete says the lawsuit could affect the school's interests and contractual rights.

The lawsuit seeks to void the consent decree between the NCAA and Penn State over handling of the Jerry Sandusky scandal.

The NCAA says it's reviewing the decision, and plaintiffs' lawyers haven't responded to messages.