Pat McAfee Removes Brett Favre Defamation Case to Federal Court from Mississippi

Brett Favre's defamation lawsuit against Pat McAfee is being moved to federal court.

Sports and betting lawyer Daniel Wallach has confirmed to Pro Football Talk's Mike Florio that McAfee requested to remove the case to federal court from Lamar County, Mississippi, where it was originally filed.

Florio noted the decision to remove the case from Mississippi was the "only play" for McAfee because "home cooking exists" in state courts.

Favre, who is from Mississippi, filed three separate defamation lawsuits against McAfee, Shannon Sharpe and Mississippi State Auditor Shad White on Feb. 9.

In the lawsuits, the Hall of Fame quarterback accused all three men of "carrying out an outrageous media campaign falsely accusing Favre of stealing from poor people in Mississippi's largest welfare fraud scheme."

The Mississippi Department of Human Services sued several people and businesses, including Favre, in May 2022 over misspent welfare funds that were intended to go to an anti-poverty program in the state.

Favre did repay $1.1 million he was paid for speeches that he didn't make, but White said he still owed $228,000 in interest.

In September 2022, Anna Wolfe of Mississippi Today reported text messages were entered into the civil lawsuit filed by the state between Favre and former Mississippi governor Phil Bryant in which Bryant pushed to secure funding for a new volleyball stadium at Southern Mississippi, where Favre's daughter was a student.

The $6.1 million in funds used to build the stadium were obtained from nonprofit organization Mississippi Community Education Center. Nancy New, who led the program, directed $5 million intended for the Temporary Assistance For Needy Families to go to The University of Southern Mississippi Athletic Foundation.

McAfee used his show to criticize Favre over the allegations as the story gained national attention.

According to Florio, federal law does permit cases filed in state courts against out-of-state defendants to be removed to federal court if the plaintiff is seeking more than $75,000 in damages because state judges receive lifetime appointments as long as they maintain good standing.

Florio noted Favre's lawsuit against McAfee doesn't include a specific dollar figure, but Favre's lawyer, Eric Herschmann, said in the filing it's "going to cost Pat McAfee millions of dollars, and if it bankrupts him then he will have learned his lesson."