Going for the Sack: ESPN Argues that Jason Pierre-Paul Authorized Release of Medical Records

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On September 12, 2016, ESPN and Adam Schefter filed an answer in Jason Pierre-Paul’s invasion of privacy lawsuit, claiming that the suit should be dismissed due to the fact that Pierre-Paul agreed to let his medical records go public. This is not the first time ESPN and Schefter have attempted to dismiss this case — back in May, ESPN claimed that dismissal was warranted under First Amendment protections for matters of public interest.

In the answer, ESPN and Schefter raise several affirmative defenses, two of which being that they were in fact authorized to disclose the medical records. First, they argue that the claims are barred by the doctrine of estoppel because he authorized the publication of the records. Second, they argue that under the doctrine of waiver, he authorized the publication of the medical records and subsequently authorized the release of the graphic images of his medical condition to Sports Illustrated.

Additionally, the answer includes quotes from a Sports Illustrated interview with Schefter. In the interview, Schefter reflected on his remorse for not handling the sensitive situation more carefully, stating that, “[o]n this one, there should have been even more discussion than there was due to the sensitivity of the story; that’s on me.”

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