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JPP’s fireworks debacle could now cost ESPN millions

A Florida judge has green-lighted Giants defensive end Jason Pierre-Paul’s invasion-of-privacy lawsuit against ESPN and its reporter Adam Schefter for posting his private medical records online to millions of readers.

The ruling by Miami federal Judge Marcia G. Cooke sets the stage for the state’s second high-profile legal battle in a year between a sports star and a media organization over privacy issues. In March, wrestler Hulk Hogan won a record-breaking $140 million victory over Gawker for publishing his sex video.

“The court correctly ruled that Jason properly stated an invasion-of-privacy claim against ESPN and Adam Schefter, who we allege improperly published Jason’s medical records. Today’s ruling is a recognition of Jason’s right, as a professional athlete, to oppose the publication of his medical records without his consent,” said the football player’s attorney, Mitchell Schuster of Meister Seelig & Fein.

Pierre-Paul blew his finger off during a July 4 fireworks mishap last year and was treated at Jackson Memorial Hospital in Miami.

The NFL star says Schefter “improperly obtained” Pierre-Paul’s medical chart, showing the defensive end had his right index finger amputated, and posted an image of the records on his Twitter page. The ESPN contributor had nearly 4 million Twitter followers at the time of the 2015 incident.

The New York-based reporter says he tweeted the image of the medical record to bolster a story about the surgery.

Pierre-Paul argues that while his injury may have been “a matter of legitimate public concern,” the “chart was not.”

Cooke agreed in a ruling she issued from the bench Thursday morning after an hour of arguments.

Adam SchefterAP

“This just went beyond the pale,” sports law expert Daniel Wallach said of Schefter’s decision to post the private records.

“If this is not where the line is, where would it be?” said Wallach, of the law firm Becker & Poliakoff. Wallach, who is not involved in the case, expects the decision will mean a quick settlement.

“The judge has the case on fast track with discovery cutoff in Februrary, meaning in-season depositions,” Wallach explained.

Lawyers for ESPN and Schefter had asked the judge to toss the case, citing First Amendment protections.

Pierre-Paul is suing for unspecified damages. He is also represented by lawyers Kevin Fritz and John C. Lukacs.