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Mark Gastineau appealing denial of ESPN ’30 for 30′ lawsuit in latest legal twist

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Last updated: May 13, 2026 12:47 am
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Published: May 13, 2026
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Jets great Mark Gastineau isn’t giving up his legal fight against ESPN just yet. 

Gastineau, 69, filed a notice of appeal in his federal lawsuit filed against ESPN, the NFL and NFL Films over the ESPN “30 for 30” documentary, “The New York Sack Exchange.”

The initial suit was dismissed in March, but Gastineau made the decision to appeal the ruling. 


Mark Gastineau gestures while speaking into a microphone.
Former Jets defensive end Mark Gastineau gestures while speaking during halftime of the Jets’ home loss to the Texans on Oct. 8, 2012. AP

He had originally sued over the network’s promotion and airing of a clip that showed Gastineau angrily confronting Brett Favre in 2023 over what Gastineau believed was the Packers great “taking a dive” so Michael Strahan could break his single-season sack record in 2002. 

The famed “Sack Exchange” member claimed in the suit that he was portrayed as “maliciously false” in the scene. He also said ESPN had included the clip in the documentary “without his consent or permission.”


Brett Favre attempts to shake Mark Gastineau's hand.
Brett Favre attempts to shake Mark Gastineau’s hand. YouTube, ESPN

In a statement to The Post in March 2025, Gastineau’s lawyer, Christopher J. Cassar, said ESPN would 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.”

The appeals process in federal court begins with a simple filing by the losing party signaling their intention to appeal.

The Browns Myles Garrett would go on to break Strahan’s mark with 23 sacks this past season.

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