Mark Gastineau appealing dismissal of $25 million lawsuit over ’30 for 30′ footage

In March, a federal judge tossed Mark Gastineau’s $25 million lawsuit against ESPN and NFL Films, saying that the New York Jets legend consented to have his likeness used in the New York Sack Exchange 30 for 30 documentary.

Ever tenascious in his NFL career and after it, Gastineau isn’t giving up. According to Ben Horney of Front Office Sports, Gastineau has appealed the ruling.

The 69-year-old initially sued over the pivotal scene in which he confronted former Green Bay Packers quarterback Brett Favre at a convention, accusing him of intentionally getting tackled so that New York Giants defensive end Michael Strahan could break Gastineau’s single-season sack record.

“You hurt me, Brett,” Gastineau told Favre in a clip that was the lynchpin of the documentary’s promotion.

Gastineau alleged in his lawsuit that the documentary was edited deceptively, and that ESPN and NFL Films had violated the Lanham Act and New York’s Civil Rights Law by using his name, image, and likeness without his consent. The defendants argued the former New York Jets star’s breach of contract and false endorsement lawsuit completely fell apart under contracts he willingly signed, and that the First Amendment protects every frame of footage recorded.

In March, U.S. District Judge Paul A. Engelmayer dismissed the lawsuit with prejudice, meaning that while Gastineau could not refile the same claims, he could appeal it. Gastineau “consented, in writing, to the use of his name and likeness in the film and related promotional materials” wrote Engelmayer. “That authorization was broad and encompassed Gastineau’s name and likeness as reflected in extrinsic footage, such as that of the encounter with Favre.

“…It is newsworthy in that the participants were nationally recognized football stars, 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.”

As PFT’s Mike Florio writes, the federal appeals process usually takes about a year to play out, so it’ll likely be a while before we hear about what comes next.