Former NFL defensive end Mark Gastineau is continuing his legal battle against ESPN, the NFL, NFL Films, and others over the '30 for 30' documentary titled The New York Sack Exchange. The lawsuit, which was dismissed in March, has now been appealed by Gastineau.
According to Ben Horney of Front Office Sports, Gastineau filed the appeal following the dismissal. The lawsuit centers on allegations that Gastineau’s conversation with Brett Favre regarding a disputed sack—one that allegedly allowed Michael Strahan to break Gastineau’s single-season sack record—was used without his consent.
Gastineau further argues that the clip portrayed him “in a manner which was maliciously false.” He also contends that producers “intentionally and maliciously” omitted footage showing Gastineau and Favre shaking hands after the game.
The defendants in the case had previously filed a motion to dismiss, arguing that the lawsuit failed to state a claim on which relief could be granted. This means that, even if all allegations were true, there was no legal basis for liability under the law.
The federal appeals process has now begun, with the initial step being a filing of intent to appeal. No arguments or briefs have been submitted at this stage. The appeals process typically takes at least one year to resolve.
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