Next big invasion of privacy lawsuit pits JPP against Adam Schefter and ESPN

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The next big invasion of privacy lawsuit in the sports world is shaping up between Jason Pierre-Paul of the Giants and ESPN and its ace NFL insider Adam Schefter, according to CBS Sports Network

Miami federal judge Marcia G. Cooke has given the OK for JPP's lawsuit to proceed against Schefter/ESPN for publishing private medical records after JPP blew off a finger in a 2015 fireworks accident.

Lest we forget, Florida was also the scene of Hulk Hogan's recent successful $140 million lawsuit against Gawker Media for posting a video of him having sex without his permission.

That ruling effectively bankrupted Gawker, which recently sold to Univision. The new owners are shuttering the Gawker Web site, and founder Nick Denton is leaving the company.

MORE: All-time dumbest sports injuries 

The JPP vs. ESPN trial is expected to start next August, according to ProFootballTalk

Citing First Amendment protections, ESPN has asked the judge to toss the lawsuit. That didn't work.

If JPP is half as successful as Hogan, it could cost Schefter, ESPN and ESPN parent company Disney millions.

Via the New York Post:

“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.

“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.

Schefter and ESPN had a perfect right to report on the accidental maiming of a star athlete. 

But the "crux" of the case is whether Schefter went too far by sharing JPP's medical records with his 4 million-plus Twitter followers:

ESPN and Schefter believed that the document ordering Pierre-Paul’s finger amputation constitutes a matter of “legitimate public concern.” Pierre-Paul’s lawyers argued that, while the information reflects a legitimate public concern, the actual medical documentation does not.

That’s the crux of the case. Even if the contents of the medical records become known, are the medical records protected against disclosure — especially if they were obtained in a manner that violates state law?

Bottom line? Next August, Schefter may be going without shaving or sleeping for reasons other than a hokey ESPN fantasy football marathon.

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