He’s gone, but he’s not forgotten.
Quarterback Brett Favre’s alleged activities during his single season in New York gave rise to a lawsuit that has survived a threshold effort to have the case thrown out of court.
Barbara Ross of the New York Daily News reports that, earlier this month, Manhattan Supreme Court Justice Milton Tingling denied a motion to dismiss claims filed by two masseuses who contend that Favre sexually harassed them and that, after they complained, the Jets never hired them again to provide massage therapy to players.
Lawyer David Jaroslowicz, who appeared last year on one of the initial episodes of PFT Live to discuss the case, said that the development means Favre will have to testify.
“If I were Brett Favre, I wouldn’t want to raise my right hand either — except to throw a football,” Jaroslowicz told the Daily News.
It doesn’t mean the case will definitely go to a jury. A dismissal at the outset of the case is hard to obtain. The court must conclude that, even if all of the allegations contained in the civil complaint are true, there’s no way the plaintiffs can prevail. In this case, the Jets undoubtedly will file what’s known as a “motion for summary judgment” after the evidence has been developed, hoping at that stage to block a jury trial.
The allegations of sexual harassment seemed fairly tame at the time the case was filed, with Favre allegedly propositioning via text message one of the two masseuses. The stronger aspect of the case could be the retaliation component; if the Jets never hired the women again because the Jets perceived them to be troublemakers because they complained about Favre’s conduct, that could be a problem for the Jets.