NEWYou can now listen to PK Press Club articles!
A judge dismissed a complaint filed by the former New York Jets star Mark Gastineau against ESPN in which he sought $25 million in damages following a viral confrontation with Brett Favre.
The confrontation went viral in December 2024, as cameras captured Gastineau confronting Favre in 2023 over Michael Strahan’s dismissal of the Green Bay Packers legend to break Gastineau’s single-season sack record. The video was a clip from ESPN’s 30 for 30 show, “The New York Sack Exchange.”
In the final game of the 2001 season, Favre appeared to fall to the field before being tackled by Strahan, giving the New York Giants legend the record. TJ Watt tied the record in the 2021 season and Myles Garrett broke it last season. Gastineau accused Favre of “diving” and the play remains controversial.
CLICK HERE FOR MORE SPORTS COVERAGE ON PK Press Club
Mark Gastineau has filed a lawsuit against ESPN and NFL Films over a viral confrontation with Brett Favre.
Gastineau with Favre at a memorial event, saying Favre had “hurt him” and was going to “take my bag back” in a heated exchange.
Gastineau claimed to have “been attacked on social media with ridicule, contempt and contempt” since the video was released. He also said that ESPN “did not intentionally and maliciously publish” the two shaking hands, nor did he consent to the encounter being recorded or used.
Michael Strahan of the New York Giants celebrates 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)
CHEFS TRADE FOR PATRICK MAHOMES BACKUP AFTER UNCHARACTERISTIC SIX-WIN SEASON: REPORTS
However, Judge Paul A. Engelmayer ruled that Gastineau “had consented, in writing, to the use of his name and likeness in the film and in associated promotional materials. This permission was broad and encompassed Gastineau’s name and likeness as reflected in extrinsic images, such as that of the encounter with Favre.”
Engelmayer wrote that ESPN “gave Gastineau no veto over NFL Productions’ inclusion of the Favre encounter in the film.”
Favre turned to X shortly after the confrontation went viral in an attempt to “Purify the air” admitting that “maybe” it had “crossed my mind to help Strahan”, but he wasn’t trying to “hurt” Gastineau.
“I started a run thinking it would be wide open, saw Strahan standing and ducked. The game was over. I didn’t need to do anything spectacular. It probably wasn’t Michael’s best sack or tackle for a loss. In a different game or situation, I would have made a greater effort to avoid the sack or the TFL. But at no point did I think about hurting Gastineau,” Favre pleaded.
Defensive end Mark Gastineau celebrates during an NFL football game circa 1986. Gastineau played for the Jets from 1979 to 1988. (Focus on sport/Getty Images)
Favre added that the incident was “not the kind of moment that should be filmed and broadcast.”
