Mark Gastineau appealing dismissal of $25 million lawsuit over ’30 for 30′ footage

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Mark Gastineau appealing dismissal of $25 million lawsuit over ’30 for 30′ footage

Mark Gastineau appealing dismissal of $25 million lawsuit over ’30 for 30′ footage

In March, a federal judge tossed Mark Gastineau’s $25 million lawsuit against ESPN and NFL Films, saying that the New York Jets legend consented to have his likeness used in the New York Sack Exchange 30 for 30 documentary. Ever tenascious in his NFL career and after it, Gastineau isn’t giving up. A

Mark Gastineau appealing dismissal of $25 million lawsuit over ’30 for 30′ footage

In March, a federal judge tossed Mark Gastineau’s $25 million lawsuit against ESPN and NFL Films, saying that the New York Jets legend consented to have his likeness used in the New York Sack Exchange 30 for 30 documentary. Ever tenascious in his NFL career and after it, Gastineau isn’t giving up. According to Ben Horney…

Mark Gastineau isn't backing down. The former New York Jets defensive legend has officially appealed the dismissal of his $25 million lawsuit against ESPN and NFL Films, proving that the same tenacity that made him an NFL star is still very much alive off the field.

Back in March, a federal judge threw out Gastineau's lawsuit, ruling that the Jets icon had consented to having his likeness used in the New York Sack Exchange "30 for 30" documentary. But according to Ben Horney of Front Office Sports, the 69-year-old is fighting that decision and taking his case to the next level.

The legal battle stems from a pivotal scene in the documentary where Gastineau confronted former Green Bay Packers quarterback Brett Favre at a convention. In the now-famous exchange, Gastineau accused Favre of intentionally getting tackled so that New York Giants defensive end Michael Strahan could break Gastineau's single-season sack record. "You hurt me, Brett," Gastineau told Favre in the clip that became the centerpiece of the documentary's promotion.

In his original lawsuit, Gastineau claimed the documentary was edited deceptively and that ESPN and NFL Films violated the Lanham Act and New York's Civil Rights Law by using his name, image, and likeness without permission. ESPN and NFL Films fired back, arguing that the former Jets star had signed contracts giving them broad rights, and that the First Amendment protected every frame of footage they used.

U.S. District Judge Paul A. Engelmayer agreed with the defendants, dismissing the lawsuit with prejudice in March. The judge wrote that Gastineau "consented, in writing, to the use of his name and likeness in the film and related promotional materials." He added that the authorization was broad enough to cover the confrontation with Favre, calling the exchange "newsworthy" since both participants were nationally recognized football stars discussing a venerated NFL record.

While the dismissal with prejudice means Gastineau can't refile the same claims, the judge left the door open for an appeal. And true to form, Gastineau is charging through it. For fans of NFL history and the legendary Jets defensive line that once terrorized quarterbacks, this legal saga is just another chapter in the story of a player who never stopped fighting—on or off the field.

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