Judge shuts down Mark Gastineau’s $25 million lawsuit against ESPN over Brett Favre drama

Mark Gastineau isn’t used to getting stonewalled when he gets after something.

The former star Jets pass rusher’s $25 million lawsuit against ESPN centering on the viral clip in a “30 For 30” episode of him confronting Brett Favre has been dismissed with prejudice, according to TMZ.

Gastineau sued the Worldwide Leader last March for its presentation of him in that scene from the “30 For 30: The New York Sack Exchange” documentary, but a judge ruled, per TMZ, “that Gastineau consented, in writing, to the use of his name and likeness in the film and related promotional materials.”

“The exchange between them concerned a venerated NFL record, the incident featured prominently in the film, and, as the film reflects, Gastineau’s aggressive conduct appears to have driven a wedge within the Sack Exchange quartet that was the subject of the film[,]” judge Paul Engelmayer wrote, per the outlet.

Gastineau, 69, took aim at ESPN for airing a clip that showed him confronting Brett Favre at the Chicago Sports Spectacular in 2023 in which he alleged that Favre did Michael Strahan a favor by letting the Giants defensive end sack him to break Gastineau’s then-single-season sack record during the 2001 season.

There are plenty of others who agree with that sentiment, and Gastineau told Favre in the clip: “When you fell down for him. … You really hurt me. You hurt me, Brett.”

Favre didn’t admit to going down on purpose to help the ex-Giant, but essentially said he didn’t do what he could to prevent the historic sack.

“But at no point was I thinking about hurting Gastineau,” Favre wrote on X last year. “Maybe it crossed my mind to help Strahan. I didn’t think it through. That wasn’t my forte at the time.”

Gastineau’s lawsuit claimed ESPN included that footage without his “consent or permission,” and he alleged that they “intentionally and maliciously did not publish” the two shaking hands.

He added that the clip led to him being “attacked on social media with ridicule, scorn and contempt.” 

Mark Gastineau (r) confronting Brett Favre (l) in 2023. @ESPN/YouTube

“They will be held accountable for their malicious conduct and pay for misrepresentation of Mark. The Defendant intentionally damaged Mark’s reputation for ratings for ESPN and we intend to hold them accountable,” Gastineau’s lawyer, Christopher J. Cassar, told The Post last March.

Favre defended Gastineau after the clip went viral.

“I see now how being the Sack King would elevate his value at card shows, strengthen his case for the Hall of Fame, increase his demand as a public speaker. I had no way of knowing that then,” Favre wrote last year during his length X thread. “I realize now the potential financial implications because football is far more business-oriented than when me or Mark played.”

Mark Gastineau during the 1986 playoffs. AP

It’s unknown if Gastineau will appeal the decision, per TMZ.

Gastineau set the NFL sack record during the 1984 season, during his 10-year career with the Jets from 1979-88 where he accumulated 107.5 sacks.

He starred on the famed “New York Sack Exchange” defensive line alongside Joe Klecko, Marty Lyons and Abdaul Salaam.

Despite being a five-time Pro Bowler and three-time All-Pro, he has not been inducted into the Hall of Fame like Favre and Klecko.