Judge declines to dismiss Favre texting lawsuit

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.

64 responses to “Judge declines to dismiss Favre texting lawsuit

  1. LEAVE THE MAN BE!!!!!! I HATE THOSE MASSAGE PPL, They just wanna be famous and look like Brett Favre wanted them. They probably led him and exaggerated the damn thing. He’s a HOF QB, leave him alone! Jesus!

  2. “Wanna see my p***s? My Peyton Man-thang? My Danny Woodhead? (I just think he’s a good player, might name mah p***s after him…”

  3. LEAVE THE MAN BE!!!!!! I HATE THOSE MASSAGE PPL, They just wanna be famous and look like Brett Favre wanted them. They probably led him and exaggerated the damn thing. He’s a HOF QB, leave him alone! Jesus!
    __________________________________
    Yeah I’m sure he wasn’t attracted to Jen Sterger at ALL, it’s all just a conspiracy theory and those voice mails were just faked….

    not.

  4. Sooo… Just because he’s a hall of fame qb it’s ok to sexually Harass women? Really? Come on bruh! He’s an arrogant DIC$ and probably thought the woman would love to be with him… But he was a has been at that point and she didn’t want to see his mini- farve at all!!! Screw Farve and his a$$holey attitude

  5. Leave him alone? Favre Is a 1st class bunghole. Sure, He did great things on the field, but that doesnt make him immune to acting like a human being off the turf. I have seen Favre in action. He is about as classless as some fraternity kid on a 3 day bender. I see no point of letting Favre’s celebrity excuse him from his behavior.

  6. If you have followed the Favre saga (and how could you NOT) you know he has an insatiable desire to be in the headlines, no matter how he gets there. I feel another “human humidifier” moment coming on.

  7. undoubtedly…Of course. I was thinking the exact same thing.

    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.

  8. Oh please do not let this die on the vine. I want to see that self-serving egomaniac try to dodge this sack and get leveled. They never let Benedict Arnold rest, and they shouldn’t let Favre either. If it goes far enough to cause his wife to dump him, so much the better.

  9. “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.
    He really didn’t do that to well in his last 2 NFC championship games to well. Or any playoff game that went into overtime
    I also hope Aaron treats your boy from Tennessee Chattanooga as well as you treated Aaron.

  10. cdeck1147- A. Should we leave Britney alone too? Are you so out of touch with popular culture that you don’t understand that the phrasing of your post prevents anybody from taking you seriously?
    B. They’re called masseuses.
    C. You hate masseuses? Really? You should form a club for people that hate masseuses: you could be president, VP, secretary, treasurer, and board of trustees all at the same time, or you could join forces with the “People who liked the ending of Lost” and double your membership to two.

    packfaninchitown- thank you for reminding me of literally the greatest thing the internet has ever produced. I don’t understand how everybody in America hasn’t seen that video.

  11. Cant wait to hear the testimonies.. “He just stormed in the massage room screaming PANTS ON THE GROUND PANTS ON THE GROUND!”

  12. “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.
    ———————————–

    I don’t think throwing a football is the only use Brett had for his right hand.

  13. And just when you thought it was safe to start reading PFT again. Out comes a Farve article. Guess you had to get something between the saints scandal, Tebow and the jets or how bad the dolphins are.

  14. I think the Jets should hire Farve back as a QB coach in the event Tebow becomes the starter. Who better to teach him how to fumble and throw to the other team than the all-time turnover leader?
    Cue the circus music.

  15. Seriously?

    “Supreme Court Justice Milton Tingling”?

    It’s only a problem if the Jets hired other masseuses… If they stopped outsourcing this service, then nobody has been unfairly treated…

    If they fired these girls, then they need a reason.

  16. If we know Brett Favre at all we can bet he’s enjoying at least still seeing his name in the headlines. Sweet Zombie Jesus, won’t this guy just go away already?!?!?

  17. Who cares. It is a grown up world where women use their bodies to get ahead and men take advantage of that fact for personal gain just as women do. Gotta a sneaky feeling Favre was setup here.

    WHO CARES

  18. Actually Mikie he WAS forgotten until you decided to bring him up again.

    As for the story – you may have a point BUT if you keep your hat on maybe no one will notice.

    (Thanks to Ann Landers)

  19. Who cares. It is a grown up world…WHO CARES
    ____________________________________
    Deanna Favre maybe…

  20. Naming Favre in the suit is purely a publicity stunt. In order for him to be guilty two things would need to be true: (1) that he was in a position of authority over the girls…….which doesn’t seem to be the case, he, like them were employees of the Jets; and (2) it would need to be a repeated behavior and that he was told to stop by the Jets, bringing up the question as to “when” the girls griped about him…..this point will be contentious. So, while Favre may be a complete a-hole and a jerk (and whatever other names his wife wants to call him) it probably doesn’t legally constitute harassment.

  21. packfaninchitown says:
    May 1, 2012 7:16 AM
    Who cares. It is a grown up world…WHO CARES
    ___________________________________

    Deanna Favre maybe…

    —————————-
    She’s been too busy campaigning to make birth control illegal in Mississippi.

  22. For all the clowns who think Favre will do anything to get in the headlines…compare that to all of you trying to get your five minutes of fame by posting some of the most ORIGINAL material ever.

    Landing Jenn Sterger would have been a grand slam. However, some of you probably believe she would be into you and your hilarious posts on PFT. I tip my hat for his old @$$ for giving it a shot!

  23. “In order for him to be guilty two things would need to be true: (1) that he was in a position of authority over the girls…….which doesn’t seem to be the case, he, like them were employees of the Jets;”

    Really? He was their star player. Their top jersey seller. He was brought in to help the Jets sell season ticket packages for their new stadium. You don’t think that if Favre complained about the massage therapists that it would hold any weight?

    “and (2) it would need to be a repeated behavior and that he was told to stop by the Jets, bringing up the question as to “when” the girls griped about him”

    Um, most jobs (alright, all jobs) have sexual harassment policies in place where employees know what is and is not appropriate. It’s not a three strikes and you’re out situation, its a no-tolerance policy.

    Do you know what most people do if they like a coworker? They ask them out on dates. That would be appropriate. Texting an unsolicited invitation for a threesome is generally not appropriate behavior among coworkers (adult film stars excluded).

  24. It’s 2012. Anybody who tweets,texts,facebooks anything that could get them into trouble deserves what punishment is coming to them. I guess ignorance and stupidity go hand in hand.

  25. TRUTH from America’s Dairyland-

    None of this would have happened if Favre had simply understood he wasn’t bigger than the Pack. He had right of first refusal of the QB position, but since he wasn’t allowed to back burner being the best QB he could be for the team — but rather the GM setting ultimata as to who should be coach (or interviewed for same), which in-house players to re-sign, which free agents he should be able to broker, and having final sign off on the draft EVEN IN RETIREMENT — he brought about The Divorce. And he got into a lot of hot water with his behavior, made some enemies with Jet players, pretty much gave a Cliffs Notes version of his career in Minnesota, and came to a fairly sad end with his benumbed, purpled hand.

    He could have exited a legend (if contrived and overhyped) but he willingly burned his legacy because he simply couldn’t try and be just a QB doing the best he could to earn his $12M per year. He couldn’t work himself up to quit, but he didn’t want to stay if he couldn’t fill the team with his buddies at every level. So he endeavored to split the difference (by going to a reasonably buddy filled Minnesota team, complete with a WCO not far from the Holmgren tree he cut us teeth on) and managed to further his real legacy as a choker (that wasn’t just the Packers that he was supposedly carrying on his back) and to destroy his legacy. Ultimately the real losers in all of this are the rest of the Favre clan who were set to deal in Favre memorabilia from his retirement until doomsday. There are few hardcore cultists to be sure, but certainly not enough for the warehouse of signed jerseys slowly trickling through e-bay.

    All it takes in imagining in March of ’08 a Favre that simply accepted his role as QB instead of following his anger at not being able to be the de facto GM. Follow the logic to the inevitable end of retiring a Packer. He’d be the adored and loved in retirement as much, if not more, than he was as a player. But all that’s left are bitter memories, the burning of the legacy, and court dates.

  26. Favre’s a train wreck off the field. Actually, he was a train wreck on the field too.

  27. @toolkien

    hindsight is 20/20, the dude is human. But maybe I should hate him too since he could not cure cancer while he was on the field. Good grief. Get over it already.

  28. After what has transpired within the last two years, you never hear anyone questioning Ted Thompson’s decision to let Favre go and choose Aaron Rodgers.

  29. After what has transpired within the last two years, you never hear anyone questioning Ted Thompson’s decision to let Favre go and choose Aaron Rodgers.

  30. “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.”

    ehw hew hew….. [ 😐

    stupid troll lawyer. f’n hack.

  31. Wait a minute; I thought Favre sent a text to another woman, who is not involved with the lawsuit, asking her for a get together and mentioned she could bring one of the two ladies involved with the suit. I thought the other lady involved with the suit had fringe involvment at best (something like she heard about the text and was offended).

    The Jets moved their training facility shortly after the alleged text, to a location that wouldn’t have even been realistic for the women to travel to to remain working with the team.

    I’ll be surprised if this sees the inside of a courtroom.

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