In the lead-up to ESPN’s ’30 for 30′ documentary about the New York Jets’ vaunted defensive line of the early 1980s called ‘The New York Sack Exchange,’ a clip of Mark Gastineau confronting Hall of Fame quarterback Brett Favre went viral.
Now the interaction is the subject of a $25 million lawsuit.
Filed Tuesday in New York court, Gastineau’s complaint seeks damages of that amount and named ESPN, co-directors Ken Rodgers and James Weiner, along with the NFL and NFL Films, as the defendants.
The documentary about Gastineau, Joe Klecko, Marty Lyons and the late Abdul Salaam (formerly Larry Faulk) debuted Dec. 13, 2024 on ESPN. ESPN and the NFL declined comment to USA TODAY Sports.
Gastineau claims the film ‘intentionally and maliciously’ did not publish Gastineau and Favre shaking hands during the confrontation. Gastineau was upset over the Favre’s alleged ‘dive’ during the 2001 season that shifted the single-season sack record from Gastineau (22) to the New York Giants’ Michael Strahan (22.5). The lawsuit says the two ultimately did shake hands and claims the defendants ‘misappropriated the photographs and video tape’ from that meeting on Nov. 18, 2023 backstage at the Chicago Sports Spectacular memorabilia show.
‘When you fell down for him…I’m gonna get my sack back. I’m gonna get my sack back, dude,’ Gastineau said while approaching Favre.
‘You probably would hurt me,’ Favre replied.
‘Well I don’t care,’ Gastineau said. ‘You hurt me. You hear me?’
‘I hear you,’ Favre said.
‘You really hurt me,’ Gastineau said. ‘You hurt me, Brett.’
Gastineau’s Hall of Fame credentials have long been debated, with his supporters arguing that if he retained the single-sack record (T.J. Watt of the Pittsburgh Steelers tied Strahan’s mark in 2021), his case would be much clearer.
“I know that Mark was upset with Brett Favre,” Gastineau’s longtime Jets linemate, Marty Lyons, told USA TODAY Sports in December.
“I was there, and I told him, ‘Mark, you’ve got to let it go.’ And he wasn’t gonna let it go…It’s just a number.’
Favre later explained in a social media thread in December he was ‘in no way trying to hurt Mark Gastineau.’
The complaint acknowledges Gastineau entered a ‘talent agreement’ with ESPN in January of last year for his participation in the film, for which he was paid $10,000. But Gastineau says he didn’t approve the private encounter with Favre and claims that as a breach of contract.
Christopher J. Cassar, the lawyer representing Gastineau, wrote in an email to the New York Post that the defendants ‘will be held accountable for their malicious conduct and pay for misrepresentation of Mark’ and that they ‘intentionally damaged Mark’s reputation for ratings for ESPN and we intend to hold them accountable.” .
Gastineau is seeking damages through the enforcement of the Lanham Act, specifically Section 43(a), which provides a federal cause of action against businesses or individuals who use false or misleading statements in commercial advertising or promotion.
‘The Defendant knew it was required to obtain Plaintiff’s consent for its use of his name and the recording of the private encounter on November 18, 2023 between Mark Gastineau and Brett Favre,’ the lawsuit reads. ‘The Defendants never sought such consent.’
