Mark Gastineau’s lawsuit against ESPN, NFL Films, the NFL and more over what he claimed to be a “misleading and malicious” portrayal of him in the 30 for 30 documentary The New York Sack Exchange has been dismissed.
The suit is centered around an interaction between Gastineau and Brett Favre at a Chicago sports memorabilia show in 2023. Gastineau tells Favre that he was “hurt” because he “fell down” for Michael Strahan in the final game of the 2001 season, allowing him to surpass Gastineau for the single-season sack record.
In the suit, Gastineau alleges the recordings of their conversation were “misused and misappropriated,” claiming the two shook hands after their encounter, but that was not shown, opening him up to “ridicule, scorn, and contempt” on social media.
Gastineau also claimed he never permission for their interaction to be recorded or shared.
Judge Paul Engelmayer cited the specific language of the agreement between Gastineau and NFL Productions that occurred two months after the Favre incident, in which the former New York Jets defensive end was not given the right to veto the inclusion of anything related to the encounter. NFL Productions was also given the right to modify the “project,” which is defined as the entire documentary.
Since Gastineau’s approval rights applied to the two interviews that he was paid to participate in, Engelmayer does not see NFL Productions in breach of contract.
Gastineau, who was seeking $25 million in damages, can appeal the decision.