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A judge threw out a lawsuit brought by the former New York Jets star Mark Gastineau against ESPN, seeking $25 million in damages stemming from a viral confrontation with Brett Favre.
The confrontation went viral in December 2024, when cameras caught Gastineau confronting Favre in 2023 because Michael Strahan sacked 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 on the field before being tackled by Strahan, giving the New York Giants legend the record. TJ Watt set the record in the 2021 season and Myles Garrett broke it last season. Gastineau accused Favre of taking a “dive” and the play remains controversial.
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Mark Gastineau had a lawsuit thrown against ESPN and NFL Films over a viral confrontation with Brett Favre.
Gastineau met Favre at a memorabilia event, where he said Favre had “hurt” him and that he would “take my sack back” in a heated exchange.
Gastineau claimed he had “been attacked on social media with ridicule, mockery 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 meeting 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. This permission was broad and included Gastineau’s name and likeness as reflected in exterior footage, such as the meeting with Favre.”
Engelmayer wrote that ESPN “gave Gastineau no 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” admitted that it “maybe” had “beat me over helping Strahan” but he wasn’t trying to “hurt” Gastineau.
“I started out on a run and thought it was going to be wide open, and Strahan was standing there and ducked. 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 any other game or situation, I would have made a greater effort to avoid the sack or TFL. But at no point did I think about hurting Gastadein.
Defensive end Mark Gastineau celebrates during an NFL football game circa 1986. Gastineau played for the Jets from 1979-88. (Focus on Sports/Getty Images)
Favre added that the incident “wasn’t the kind of moment that should be filmed and released.”
