Former NFL defensive end Mark Gastineau isn’t giving up on his effort to sue ESPN, the NFL, NFL Films, and others regarding The New York Sack Exchange documentary.
The lawsuit had been dismissed in March. Via Ben Horney of Front Office Sports, Gastineau has appealed the ruling.
Gastineau claims that his conversation with Brett Favre regarding the phantom sack that allowed Michael Strahan to break Gastineau’s single-season sack record was used without Gastineau’s consent or permission. He also argues that the clip portrayed him “in a manner which was maliciously false.” Gastineau also contends that the producers “intentionally and maliciously” omitted footage of Gastineau and Favre shaking hands.
In federal court, the appeal process commences with a simple filing regarding the losing parties’ intention to appeal. No arguments or briefs are submitted at that time.
The defendants had attacked the case by filing a motion to dismiss it. The motion was based on the argument that the lawsuit fails to state a claim on which relief can be granted. Which means that, even if everything alleged factually is true, there’s no legal theory that creates liability.
The federal appeals process usually takes at least a year to play out.
