ESPN is facing a lawsuit from former NFL star Mark Gastineau over the airing of a 2023 video that captured a confrontation between the former New York Jets defensive end and legendary quarterback Brett Favre. The footage, recorded at a Chicago sports memorabilia show, resurfaced in December and was later included in ESPN’s 30 for 30: The New York Sack Exchange documentary.
The clip in question shows Gastineau confronting Favre over a moment from 2002, when the then-Green Bay Packers quarterback appeared to give up an easy sack to New York Giants defensive end Michael Strahan. That sack helped Strahan break the single-season NFL record previously held by Gastineau, a moment that has been debated for years among football fans and analysts.
Gastineau’s lawsuit, filed against ESPN, claims that the network aired the video “without his consent or permission.” The 68-year-old former pass rusher states that as a result, he has been subjected to “ridicule, scorn, and contempt” on social media. Additionally, he alleges that ESPN “intentionally and maliciously did not publish” a part of the exchange where he and Favre shook hands, which he argues would have presented the situation in a different light.
In an email to the New York Post, Gastineau’s attorney, Christopher J. Cassar, stated that ESPN deliberately misrepresented his client to boost ratings. “They will be held accountable for their malicious conduct and pay for misrepresentation of Mark,” Cassar wrote. “The Defendant intentionally damaged Mark’s reputation for ratings for ESPN, and we intend to hold them accountable.”
22 years after losing the NFL single-season sack record, Mark Gastineau confronted Brett Favre for ‘taking a dive’ on the record-breaking play.
Catch the latest @30for30, ‘The New York Sack Exchange,’ on ESPN and ESPN+ starting Dec. 13. pic.twitter.com/Oz5KRwVcy7
— ESPN (@espn) December 10, 2024
Following the initial release of the footage in December, Favre addressed the controversy on social media, expressing empathy for Gastineau’s frustration.
“In retrospect, I understand how Gastineau feels. We played a brutal game. Gastineau played during an era where guys didn’t make generational wealth,” Favre wrote. He went on to praise the former Jets star’s on-field achievements, adding, “I have a great deal of respect for Mark. I hope one day he joins me in the Hall of Fame. He earned it. Look at his numbers. He eclipsed 20 sacks twice and had 19 in another year! Mark definitely left an indelible mark on the game. I hope this controversy brings attention to just how great Mark Gastineau was. He belongs in Canton.”
Gastineau, a dominant defensive player in the 1980s and a key figure in the Jets’ famous “New York Sack Exchange” pass rush unit, held the single-season sack record of 22 for nearly two decades before Strahan broke it in 2002. Though Strahan’s sack total of 22.5 has since been surpassed by T.J. Watt, the manner in which Strahan achieved the record—on what many saw as a “gifted” sack from Favre—has been a lingering topic of debate.
Back on December 12 I spoke with Ken Rodgers the co-director of ESPN’s 30-for-30 film, The New York Sack Exchange.
I asked him about the filming of the private moment between Brett Favre & Mark Gastineau & the eventual release of it to the public.
Gastineau is now suing ESPN,… pic.twitter.com/enj3yYRZBb
— Paul Andrew Esden Jr (@BoyGreen25) March 14, 2025
Gastineau is seeking $25 million in damages in his lawsuit against ESPN. The network has not yet publicly responded to the legal action.
