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Brett Favre could face litigation if Jenn Sterger pursues resolution to unanswered questions

"Don't expect Brett Favre to do an end zone dance when he leaves pro football next week having escaped meaningful punishment from the NFL for his role in an X-rated controversy that has embarrassed the NFL and the Jets.

There are too many unanswered questions about his communication with former Jets sideline reporter Jenn Sterger, according to attorneys the Daily News quizzed about the matter. What's clear is that Favre remains vulnerable to legal trouble related to the text messages, voicemails and graphic photographs that Sterger received in 2008 - allegedly from Favre.

"It's an ambiguous, messy case," said Richard Emery of the New York firm Emery, Celli, Brinckerhoff and Abady, whose practice includes civil rights litigation. "Favre clearly played hardball and is willing to let what's come out stand on its own."

But Emery pointed out that neither Sterger nor the league had the power to compel testimony, and that a sexual harassment litigation or some other claim could give her more opportunities to get information from Favre, Jets employees and executives, the league and its investigators.

The NFL's two-month investigation, led by the league's vice president for security, Milt Ahlerich, involved interviews with Sterger, Favre, Deadspin editor A.J. Daulerio and others. In the event of a civil suit, a plaintiff could demand all of that material in the discovery phase of the suit.

"If she were to engage in litigation, and were to request these documents, the NFL and/or the Jets would have the opportunity to object to those requests," said David Gottlieb, an associate at the New York firm of Thompson Wigdor & Gilly.

Because much of the conduct that has been disclosed publicly in the case occurred two years ago, statutes of limitations may block Sterger from bringing a complaint. But those statutes vary depending on whether a complaint involves federal, state or city laws."


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