Yankees now (of course) trying to renege on a contract Ellsbury signed in good faith, just as they tried to screw A-rod out of his guaranteed contract. This is why you have a players union, and this is why that union does not (and absolutely should not) trust ownership.
https://www.espn.com/mlb/story/_/id/...acoby-ellsbury
If ellsbury went to a doctor without approval from the Yankees and then re-aggravated one of his numerous injuries as a result, I think he's not getting his $26m. Maybe they'll both settle at a lower number.
I do wonder if the Yanks may win this one. They haven't done this with other players as far as I can remember, and clearly the non sanctioned treatment didn't help as Ellsbury missed two seasons with various ailments. If the Yanks do win this one, that is $21.2 mil back on the LT line. That jumps us below the final threshold
Hal sucks
It will be hard to prove the unsanctioned treatment led to an aggrevation or re-injury, but maybe they don'y have to prove it.
If Ellsbury did everything the team asked and just did extra stuff on his own, I can't see him losing this case. His side claims they notified the Yanks he was going to do this and that, and since they did not tell him not to, that was essentially giving their okay.
Better legal minds may have deeper insights, but I doubt the Yanks win.
When you say it's gonna happen now
When exactly do you mean?
Ellsbury is claiming the consent was implied. Yanks are saying they never gave consent. Notifying someone you are going to do something is not "getting consent". Getting consent is having the team explicitly tell you "Yes" for the action being performed. Trust me, I have to consent people ALL THE TIME. It is not enough to tell someone what you are doing. You must go over the reason, the risks, the benefits, and the location then have the party sign or verbally acknowledge consent. In terms of legal consent (we do this now because of the legal interpretation of consent) Ellsbury did not get it from the Yankees. Seeking outside medical treatment without consent is likely prohibited in the contract and my bet is the Yanks are claiming a breach of contract
Hal sucks
When you say it's gonna happen now
When exactly do you mean?