A US federal judge has dismissed Mark Gastineau’s $25m lawsuit against ESPN, ruling that the network had the right to use footage of the former New York Jets pass rusher in its 30-for-30 documentary centred on the famed ‘New York Sack Exchange’.

Gastineau had taken legal action following the release of the documentary, which included a viral clip of a tense 2023 confrontation with Hall of Fame quarterback Brett Favre. In the footage, Gastineau accuses Favre of effectively allowing New York Giants DE Michael Strahan to break his long-standing single-season sack record during the 2001 campaign.

The lawsuit claimed the clip was used without Gastineau’s consent and portrayed him in a misleading light, alleging reputational damage and significant online backlash. Gastineau also argued that key context — including a conciliatory handshake between the pair — had been omitted.

However, the court ruled that Gastineau had signed a release permitting ESPN to use his name and likeness, including in promotional material tied to the documentary. The judge further determined that the exchange was relevant to the film’s narrative, which explored both the legacy of the Sack Exchange and internal dynamics within the group.

The confrontation itself stems from one of the NFL’s most debated moments. In the final game of the 2001 regular season, Favre appeared to go down under minimal pressure, allowing Strahan to record the sack that broke Gastineau’s single-season mark — a play that has long fuelled speculation about intent.

Favre has previously acknowledged that the situation ‘maybe’ crossed his mind in the moment, but insisted there was no intention to harm Gastineau, later expressing sympathy for the impact the record loss may have had on his former peer’s legacy.

The case has now been dismissed ‘with prejudice’, meaning it cannot be refiled, though it remains unclear whether Gastineau will pursue an appeal.

A five-time Pro Bowler and one of the most dominant pass rushers of his era, Gastineau recorded 107.5 career sacks but remains outside the Pro Football Hall of Fame, a point that has often framed his frustration around the record-breaking play and its lasting legacy.