Former New York Jets defensive end Mark Gastineau’s lawsuit against the companies and “30 for 30” filmmakers behind the film “The New York Sack Exchange” was dismissed Monday in federal court.
The dismissal came one year after Gastineau sued ESPN, NFL, NFL Films and co-directors James Weiner and Ken Rodgers for unauthorized use of his name and likeness, breach of contract and other claims related to a scene in the documentary that portrayed a viral exchange between Gastineau and Brett Favre on Nov. 18, 2023.
Gastineau held the NFL single-season sack record from 1984 until the 2001 season, when it was broken by Michael Strahan on a sack of Favre, bringing Strahan’s season total to 22.5. On Dec. 19, 2024, ESPN shared footage from 2023 of Gastineau confronting Favre and accusing the Hall of Fame quarterback of taking a dive on Strahan’s record-breaking play.
U.S. District Judge Paul A. Engelmayer dismissed the $25 million lawsuit because Gastineau agreed to a talent role in the film and failed to state a claim for the lawsuit to proceed, according to court documents obtained by The Athletic. Monday’s dismissal holds that Gastineau’s claim cannot proceed against any party other than NFL Productions.
As shown in the documentary, which was released on Dec. 14, 2024, Gastineau approaches Favre at the Chicago Sports Spectacular in 2023, and Favre says the two have already met.
“Yeah, right — when you fell down for him,” Gastineau says. “I’m going to get my sack back. I’m going to get my sack back, dude.”
“You probably would hurt me,” Favre says.
“Well, I don’t care,” Gastineau says. “You hurt me. You hurt me! You hear me?”
“Yeah, I hear you,” Favre says.
“You really hurt me. You hurt me, Brett,” Gastineau says before Favre is directed away.
Gastineau alleged in the lawsuit that the encounter was aired without his consent or permission, and displayed him “in a manner which was maliciously false,” causing Gastineau to be “attacked on social media with ridicule, scorn and contempt.” According to Gastineau, footage of Gastineau and Favre shaking hands during the conversation was “intentionally and maliciously” left out.
NFL Productions countered that accusation, saying Gastineau’s contract to participate in the documentary did not grant him “broad-ranging approval rights” to the film, but only “limited right to approve modifications” of the two interviews he agreed to: the solo sit-down and group interview at the New York Stock Exchange.