A notable moment that went viral from ESPN’s 30 for 30 documentary titled The New York Sack Exchange has led to a $25 million lawsuit. Former New York Jets defensive end, Mark Gastineau, has initiated legal action against ESPN, the NFL, NFL Films, and the documentary’s co-directors, James Weiner and Ken Rodgers.
The lawsuit concerns the promotion and publication of an interaction between Gastineau and Hall of Fame quarterback Brett Favre on November 18, 2023.
The lawsuit, filed in the U.S. District Court Southern District of New York and accessed by The Athletic, asserts that the encounter was aired without Gastineau’s consent. It claims that the footage displays him in a maliciously false manner, which subjected him to ridicule, scorn, and contempt on social media.
ESPN chose not to comment on the lawsuit. Similarly, the NFL and Gastineau’s attorney, Christopher Cassar, have not responded to requests for comment.
Gastineau, who held the NFL single-season sack record with 22 in 1984, saw his record broken in 2001 when Michael Strahan of the New York Giants was credited with a sack of Favre, bringing Strahan’s season total to 22.5. In the documentary, Gastineau claimed that Favre took a dive on Strahan’s record-breaking play.
As depicted in the documentary, Gastineau approached Favre at the Chicago Sports Spectacular in 2023. During their conversation, Favre suggested they had met before.
Gastineau retorted, “Yeah, right — when you fell down for him. I’m going to get my sack back. I’m going to get my sack back, dude.” Favre responded, “You probably would hurt me.” To which Gastineau replied, “Well, I don’t care. You hurt me. You hurt me! You hear me?” Favre acknowledged, “Yeah, I hear you.” Gastineau concluded, “You really hurt me. You hurt me, Brett,” before Favre was guided away.
Footage showed Favre extending his hand for a handshake, but Gastineau did not reciprocate. The lawsuit claims they did shake hands and this moment was intentionally and maliciously omitted.
The lawsuit acknowledges that Gastineau entered a talent agreement with ESPN in January 2024, where he was to be paid $10,000. It claims the defendants breached this agreement by using the exchange with Favre without authorization.
The lawsuit alleges the defendants misused and misappropriated footage of the interaction and continue to exploit Gastineau’s image for commercial gain.
In December 2024, Favre addressed the clip in a series of posts on X, admitting he assisted Strahan in claiming the record but insisting he meant no harm to Gastineau.
Rodgers, one of the co-directors, noted the significance of the moment in an interview with The Athletic before the documentary’s release. He described it as a genuine expression of Gastineau’s hurt, with Favre seemingly bewildered by the intensity of the response. The interaction underscored Gastineau’s long-standing resentment over the record-breaking play.
In 2021, Pittsburgh Steelers linebacker T.J. Watt matched Strahan’s record with 22.5 single-season sacks. The documentary, The New York Sack Exchange, premiered on December 13, 2024, celebrating the iconic defensive line of the 1980s New York Jets.
Required Reading:
- ‘New York Sack Exchange’: New ESPN doc takes on ferocity, fame, forgiveness
- Brett Favre says he didn’t mean to hurt Mark Gastineau in helping Michael Strahan with record sack
- Mark Gastineau doesn’t need your attention — or a gold jacket — anymore
