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A judge dismissed a lawsuit filed by the former New York Jets star Mark Gastineau v. ESPN in which he sought $25 million in damages stemming from a viral confrontation with Brett Favre.
The confrontation went viral in December 2024, when cameras captured 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 to the field before being tackled by Strahan, giving the record to the New York Giants legend. 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.
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Mark Gastineau has dismissed a lawsuit against ESPN and NFL Films over a viral confrontation with Brett Favre.
Gastineau met Favre at a remembrance event, saying that Favre had “hurt” him and that he was going to “get my jacket 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 it 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 images, 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 turned to X shortly after the confrontation went viral in an attempt to “clean the air” admitting that “maybe” it had “crossed my mind to help Strahan,” but that he wasn’t trying to “hurt” Gastineau.
“I came out of a rush thinking I would be wide open, saw Strahan 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 to lose. In a different game or situation, I would have tried harder to avoid the sack or TFL. But at no point did I think about hurting Gastineau,” Favre stated.
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 published.”
