Overview
- Mark Gastineau has filed an appeal of a federal court’s March 2026 decision that threw out his lawsuit against ESPN and NFL Films.
- U.S. District Judge Paul A. Engelmayer dismissed the case with prejudice after finding Gastineau consented in writing to the use of his name and likeness, including footage of the Favre encounter.
- The dispute centers on a 2023 conversation with Brett Favre recorded at a memorabilia show and later featured in ESPN’s 2024 30 for 30 episode The New York Sack Exchange.
- Gastineau says the scene was deceptively edited and used without true approval, while the defendants argued his contracts covered the footage and that the film is protected by the First Amendment.
- An appeal in federal court typically takes close to a year, so any decision on whether the dismissal stands is likely many months away.