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...han to break Gastineau's single-season sack record in 2001. Via Zach Powell of The Athletic , a federal judge <a c...
...ESPN , the NFL, NFL Films, and co-directors James Weiner and Ken Rodgers for The New York Sack Exchange , which included a clip of Gastineau...
Article text
Former Jets defensive end Mark Gastineau's lawsuit has been, yes, sacked. Last year, Gastineau sued ESPN , the NFL, NFL Films, and co-directors James Weiner and Ken Rodgers for The New York Sack Exchange , which included a clip of Gastineau verbally accosting Brett Favre for his gift to Michael Strahan that allowed Strahan to break Gastineau's single-season sack record in 2001. Via Zach Powell of The Athletic , a federal judge dismissed Gastineau’s lawsuit on Monday . The defendants had argued that the complaint failed to state a claim on which relief could be granted. Which is a fancy way of saying that, even if every fact alleged is true, there's no recognized legal theory that would make the conduct a violation of Gastineau's legal rights. Gastineau had argued that the inclusion of his words with Favre were used without Gastineau's consent or permission, and that the clip portrayed him “in a manner which was maliciously false." Gastineau argued that the producers "intentionally and maliciously" omitted footage of Gastineau and Favre shaking hands. Regardless, the court decided it wasn't enough to create a valid claim for relief. Gastineau will have the right to appeal the decision. Sometimes, a plaintiff whose first crack at fashioning an actionable legal claim gets a chance to try again.