Judge throws out Jets legend's lawsuit against ESPN, NFL Films over viral spat with Brett Favre

A justice tossed a suit filed by erstwhile New York Jets prima Mark Gastineau against ESPN successful which helium sought $25 cardinal successful damages stemming from a viral confrontation with Brett Favre.

The confrontation went viral backmost successful December 2024, arsenic cameras captured Gastineau confronting Favre successful 2023 implicit Michael Strahan sacking the Green Bay Packers fable to interruption Gastineau's single-season sack record. The video was a clip from ESPN's 30 for 30, "The New York Sack Exchange."

In the last crippled of the 2001 season, Favre appeared to autumn onto the tract earlier being tackled by Strahan, giving the New York Giants fable the record. T.J. Watt tied the grounds successful the 2021 season, and Myles Garrett broke it this past season. Gastineau accused Favre of taking a "dive," and the play remains controversial.

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Mark Gastineau had suit against ESPN and NFL Films regarding a viral confrontation with Brett Favre thrown out.

Gastineau met Favre astatine a memorabilia event, saying that Favre had "hurt" him and that helium was going to "take my sack back" successful a heated exchange.

Gastineau claimed helium had "been attacked connected societal media with ridicule, scorn and contempt" since the video aired. He besides said that ESPN "intentionally and maliciously did not publish" the 2 shaking hands, nor did helium consent to the brushwood being recorded oregon used.

Michael Strahan of the New York Giants celebrates breaking Mark Gastineau's azygous play sack grounds during the crippled against the Green Bay Packers astatine Giants Stadium successful East Rutherford, New Jersey. The Packers won 35-24. (Al Bello/Getty Images)

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However, Judge Paul A. Engelmayer ruled that Gastineau consented, successful writing, to the usage of his sanction and likeness successful the movie and related promotional materials. That authorization was wide and encompassed Gastineau’s sanction and likeness arsenic reflected successful extrinsic footage, specified arsenic that of the brushwood with Favre."

Engelmayer wrote that ESPN "did not assistance Gastineau immoderate close to veto NFL Productions' inclusion of the Favre brushwood successful the film."

Favre took to X soon aft the confrontation went viral successful an effort to "clear the air," admitting that it "maybe" had "crossed my caput to assistance Strahan," but helium was not trying to "hurt" Gastineau.

"I booted retired of a tally reasoning it would beryllium wide open, saw Strahan lasting determination and ducked down. The crippled was over. There was nary request for maine to bash thing spectacular. It astir apt wasn’t Michael’s champion sack oregon tackle for loss. In a antithetic crippled oregon situation, I would person made a bigger effort to debar the sack oregon TFL. But astatine nary constituent was I reasoning astir hurting Gastineau," Favre pleaded.

Defensive extremity Mark Gastineau celebrates during an NFL shot crippled circa 1986. Gastineau played for the Jets from 1979-88. (Focus connected Sport/Getty Images)

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Favre added that the incidental was "not the benignant of infinitesimal that should beryllium filmed and released."

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