You'll never catch me defending Mel Gibson, but Eszterhas was probably paid gobs of money and reportedly had all kinds of time to produce a script of value, so as far as I'm concerned he got off easy:
Eszterhas's son Nick recorded one of Mel's outbursts ... which starts with Mel blasting Joe, "Why don't I have a first draft of "The Maccabees?" What the f**k have you been doing?"
And recording someone like this is just cheap.
In the end, will anyone want to work with Eszterhas again? You not only have to worry about the product he delivers but whether or not his kid is recording you.