• Loading stock data...
Saturday, November 2, 2024
The Best Employers in Sports survey is open through Nov. 6 Learn More
Law

Appeals Court Sides With Shannon Sharpe in Brett Favre Defamation Case

  • The 5th Circuit Court of Appeals affirmed a federal judge’s decision last October.
  • Sharpe’s comments from a September 2022 episode of his former show, FS1’s Undisputed, were the focus of Favre’s lawsuit.
Shannon Sharpe
Jason Parkhurst/Imagn Images

Brett Favre’s bid to revive his defamation lawsuit against Shannon Sharpe was denied by a federal appeals court Monday. 

A three-judge panel of the 5th Circuit Court of Appeals affirmed a federal judge’s decision last October to dismiss the lawsuit over comments Sharpe made about Favre’s alleged ties to the Mississippi welfare scandal on FS1 two years ago. 

“At the time Sharpe made the statements, the facts on which he was relying were publicly known, and Sharpe had a right to characterize those publicly known facts caustically and unfairly,” Judge Leslie H. Southwick wrote in the nine-page opinion. “Sharpe’s statements were his ‘strongly stated’ opinions ‘based on truthful established fact[s],’ and thus nonactionable.”

Sharpe’s comments from a September 2022 episode of his former show, FS1’s Undisputed, were the focus of Favre’s lawsuit against the fellow NFL Hall of Famer. 

U.S. District Court Judge Keith Starrett of the Southern District of Mississippi ruled Sharpe’s comments were protected by the First Amendment when he dismissed the lawsuit with prejudice—meaning Favre can’t refile the case—last fall. Favre could file a petition for a rehearing in front of the entire 5th Circuit. If that is denied, the only option left would be to file a writ with the Supreme Court, which hears a small percentage of the hundreds of requests for review it receives each year.

Favre sued Sharpe in February 2023, the same day he also filed defamation lawsuits against Pat McAfee and Mississippi State Auditor Shad White. McAfee settled with Favre with no money changing hands in May 2023; Favre’s lawsuit in a Mississippi state court against White remains ongoing. 

“So, if that is the poorest state, Brett Favre is taking from the underserved,” Sharpe said on-air. “You made a hundred-plus million dollars in the NFL, and to talk about, well, [Favre] didn’t know. This is what Brett Favre texted, ‘If you were to pay me, is there any way the media can find out where it came from and how much?’… “He stole money from people that really needed that money.”

Favre is among more than 40 defendants in a lawsuit brought by the Mississippi Department of Human Services that seeks to recover more than $90 million of misappropriated welfare funds. Favre has not been charged criminally and has denied any wrongdoing.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Brooks Running posted positive numbers in Q1 of 2023.

Brooks Running Is Having Its Best Year Ever as Category Has ‘Never..

Brooks opened its first store in Shanghai as it pushes into China.
Sep 28, 2024; Tuscaloosa, Alabama, USA; GOP Presidential candidate Donald Trump waves flanked by former Georgia Bulldogs player Herschel Walker, recording art Kid Rock, professional golfer John Daily, Alabama senators Tommy Tuberville (R) and Katie Britt (R) during the second half of the game between the Alabama Crimson Tide and the Georgia Bulldogs at Bryant-Denny Stadium.

Mission Swing State: College Football’s Political Advertising Battle

Trump, Harris, and the PACs that support them are utilizing the sport.
Eastern New Mexico forward Jose Murillo (33) passes the ball between Grand Canyon University forward Sammie Yeanay (23) and guard Makaih Williams (2) during an exhibition game at Global Credit Union Arena in Phoenix on Oct. 29, 2024.

Grand Canyon University to Join Mountain West in 2026

The Mountain West has added three new schools after the Pac-12 poached five from the conference.
Fubo-TV

Fubo Reports 9% Subscriber Growth As Venu Sports Trial Looms

The sports-focused streamer grew revenue by 21%.
podcast thumbnail mobile
Front Office Sports Today

First-Ever 12-Team CFP Takes Shape

0:00

Featured Today

The Untapped Revenue ‘Powder Keg’ of Women’s NFL Fandom

There’s a “boatload” of money at stake for brands and the league.
Oct 19, 2024; Gainesville, Florida, USA; Florida Gators quarterback DJ Lagway (2) shakes hands while entering the locker room after a game against the Kentucky Wildcats at Ben Hill Griffin Stadium.
October 28, 2024

NIL Director Is the Trendy New Job in College Sports. But the Role Is Chaos

Athletic departments nationwide are hiring for what’s become their most important position.
FuboTV signage
opinion
October 26, 2024

Fubo’s Fight Against Streaming Giants Feels Futile

Fubo notched a legal win, but subs and stock still slump.
October 25, 2024

Inside The Wall at L.A. Clippers’ New $2B Home

FOS went inside the “contagious” energy at the L.A. Clippers’ Intuit Dome.

Everything You Need to Know About the Kawhi Leonard Lawsuit

A longtime trainer of Leonard’s is suing the Clippers for wrongful termination.
Apr 3, 2022; Arlington, TX, USA; WWE owner Vince McMahon enters the arena during WrestleMania at AT&T Stadium.
October 23, 2024

Former WWE ‘Ring Boys’ Allege Vince McMahon ‘Allowed’ Sexual Abuse

The suit claims the WWE and the McMahons “failed these boys.”
Oct 22, 2024; Los Angeles, California, USA; Los Angeles Lakers guard Bronny James (9) and forward LeBron James (23) warm up before a game against the Minnesota Timberwolves at Crypto.com Arena.
October 24, 2024

LeBron and Bronny James Target of Lawsuit Over 2022 Car Crash

They made history Tuesday as the NBA’s first father-son teammates.
Sponsored

World Series Delivers High-Demand Marquee Matchup

The hype around the World Series matchup drove ticket prices to record levels—but the Dodgers’ dominance quickly quieted the fervor.
Former UFC fighter Cung Le
October 23, 2024

Judge Allows Reworked $375 Million Settlement for UFC Fighters to Move Forward 

Hundreds of fighters could start to see six-figure payouts next year.
Feb 9, 2023; Phoenix, AZ, USA; A DraftKings countdown clock on radio row at the Super Bowl LVII media center at the Phoenix Convention Center.
October 22, 2024

DraftKings, Former Exec Talk Settlement in Marathon Legal Battle

The case revolves around the enforcement of a one-year non-compete agreement.
October 18, 2024

Lawsuit Targets Illegal Prop and Pick ’Em Bets

PrizePicks paid $15 million to New York regulators for a similar reason.
Jun 25, 2022; Nashville, Tennessee, USA; NASCAR Cup Series 23XI Racing owner Michael Jordan on pit road during qualifying for the Ally 400 at Nashville Superspeedway.
October 18, 2024

NASCAR: Michael Jordan Suit Using Discovery As ‘Weapon’ 

Jordan’s racing company is suing NASCAR over antitrust practices.