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A judge tossed a lawsuit filed by former New York Jets star Mark Gastineau against ESPN in which he sought $25 million in damages stemming from a viral confrontation with Brett Favre.
The confrontation went viral back in December 2024, as cameras captured Gastineau confronting Favre in 2023 over Michael Strahan sacking the Green Bay Packers legend to break Gastineau’s single-season sack record. The video was a clip from ESPN’s 30 for 30, “The New York Sack Exchange.”
In the final game of the 2001 season, Favre appeared to fall onto the field before being tackled by Strahan, giving the New York Giants legend the record. T.J. Watt tied the record in 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 lawsuit against ESPN and NFL Films regarding a viral confrontation with Brett Favre thrown out.
Gastineau met Favre at a memorabilia event, saying that Favre had “hurt” him and that he was going to “take my sack back” in a heated exchange.
Gastineau claimed he had “been attacked on social media with ridicule, scorn and contempt” since the video aired. He also said that ESPN “intentionally and maliciously did not publish” the two shaking hands, nor did he consent to the encounter being recorded or used.
Michael Strahan of the New York Giants celebrates breaking Mark Gastineau’s single season sack record during the game against the Green Bay Packers at Giants Stadium in 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, in writing, to the use of his name and likeness in the film and related promotional materials. That authorization was broad and encompassed Gastineau’s name and likeness as reflected in extrinsic footage, such as that of the encounter with Favre.”
Engelmayer wrote that ESPN “did not grant Gastineau any right to veto NFL Productions’ inclusion of the Favre encounter in the film.”
Favre took to X shortly after the confrontation went viral in an attempt to “clear the air,” admitting that it “maybe” had “crossed my mind to help Strahan,” but he was not trying to “hurt” Gastineau.
“I booted out of a run thinking it would be wide open, saw Strahan standing there and ducked down. The game was over. There was no need for me to do anything spectacular. It probably wasn’t Michael’s best sack or tackle for loss. In a different game or situation, I would have made a bigger effort to avoid the sack or TFL. But at no point was I thinking about hurting Gastineau,” Favre pleaded.
Defensive end Mark Gastineau celebrates during an NFL football game circa 1986. Gastineau played for the Jets from 1979-88. (Focus on Sport/Getty Images)
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Favre added that the incident was “not the kind of moment that should be filmed and released.”
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