Michael Oher filed a motion to compel an accounting against his conservators, Sean and Leigh Ann Tuohy Monday in the Probate Court of Shelby County.
The Tuohys, Oher, and his birth mother established a conservatorship in 2004 when Oher was 18. The former Ole Miss football star accused the couple of tricking him into agreeing to a conservatorship when he thought he was being adopted. Oher petitioned the Probate Court of Shelby County to terminate the conservatorship last week. The former Ole Miss football star accused the couple of tricking him into agreeing to a conservatorship when he thought he was being adopted.
Oher claims no one told him the Touhy's would have "ultimate control" over his contracts. He accuses the Tuohys of falsely presenting themselves as his adoptive parents. They allegedly used the lie to enrich themselves. Indeed the movie and associated websites refer to the Tuohys as his adoptive parents. The backside of the DVD case refers to him as their "son."
Oher enrolled at Ole Miss in 2005 and played football, earning Freshman All-American honors on the gridiron. Michael Lewis published a book based upon Oher's life, The Blind Side: Evolution of the Game, in September 2006. He played several years in the NFL before concussions forced him out of football.
The motion states an accounting should have taken place seven months after the conservatorship was established and every year afterwards. However, Oher claims no such accounting ever took place. The motion states:
Co-Conservators' failure to uphold their fiduciary duty to make any accountings with the Court throughout the 19-year conservatorship means that Ward was excluded from knowing the full extent of any contracts negotiated on his behalf by his Co-Conservators, that he has no knowledge of the income generated through said contracts, and that he has no knowledge of the income generated from the Co-Conservators' use of his name, likeness, and image.
The only assets the Ward possessed when this Conservatorship Order was entered were his great ability as a football player, which had already been widely publicized throughout the United States, and the obvious enormous potential that such fame had created to allow him to profit from his name, image, and life story. Instead of protecting that asset and ensuring that the Ward received the full benefits therefrom, the Co-Conservators took this asset and have used it to enrich themselves at the Ward's expense.
Oher accuses the Tuohys of using Oher for their own financial gain:
For example, the Co-Conservators have used their Ward's name, likeness, and image to benefit their own interests, falsely claiming that he is their adopted son as part of their marketing and business ventures. The Ward has never permitted them to use his name, likeness, and image in any way and has made multiple requests that such usage cease. The Ward's most recent request was made through his attorneys on August 14, 2023. Co-Conservators, nevertheless. have ignored his request and continue to use his name, likeness, and image. Whether Co-Conspirators granted themselves unfettered access to using their Ward's name, likeness, and image by virtue of their Co Conservator status (and any income generated therefrom) must be disclosed as part of the accounting.
In 2006. the Co-Conservators negotiated a contract on the Ward's behalf concerning The Blind Side: Evolwio11 of"" a Game movie with Twentieth Century Fox ('""Fox""). The Co Conservators never presented the Ward with any written documentation to show any earnings they "derived from the movie. Their Ward has been kept in the dark, forced to rely on the verbal assurances from his Co-Conservators. 12. Because Co-Conservators flagrantly disregarded their statutory and fiduciary duties to the Ward for over 19 years, the Ward requests that a first accounting be conducted in an expedited fashion, no later than fourteen days from the filing of this Motion.
The evidence - documented in profit participation checks and studio accounting statements - is clear: over the years, the Tuohys have given Mr. Oher an equal cut of every penny received from The Blind Side. Even recently, when Mr. Oher started to threaten them about what he would do unless they paid him an eight-figure windfall, and, as part of that shakedown effort refused to cash the small profit checks from the Tuohys, they still deposited Mr. Oher's equal share into a trust account they set up for his son.
Additionally, in spite of the false allegation in the lawsuit, the Tuohys have always been upfront about how a conservatorship (from which not one penny was received) was established to assist with Mr. Oher's needs, ranging from getting him health insurance and obtaining a driver's license to helping with college admissions. Should Mr. Oher wish to terminate the conservatorship, either now or at anytime in the future, the Tuohys will never oppose it in any way.
Unbeknownst to the public, Mr. Oher has actually attempted to run this play several times before - but it seems that numerous other lawyers stopped representing him once they saw the evidence and learned the truth. Sadly, Mr. Oher has finally found a willing enabler and filed this ludicrous lawsuit as a cynical attempt to drum up attention in the middle of his latest book tour.
33 comments:
I'd want to see an accounting too. Shouldn't be anything to hide, right?
Now it all makes sense. Don Barrett is one of the attorneys behind this whole thing. No doubt Barrett is the driving force behind Oher doing this.
It is not unreasonable to ask for an accounting from a conservator. In most states, it is required.
Wonder how many times he's attempted to run this play?
Can you say "gold digger?"
Oher's is broke as the Ten Commandments.
Oher needs to cut the Tuohy's in on the profits from his new book deal because his story wouldn't be sh!t without them. Sure he would have played, but he wouldn't have the same story.
Why does literally everything connected to Ole Miss end up tainted, creepy, and gross?
No lawyer here, but how can you sign a multi million dollar football contract (on your own or agent help) and not
Acknowledge or have your conservator present? I assume the tuoeys had no part in the signing other than maybe a photo op?
Regardless of the outcome, what a headache for the Tuohy's. But like has been said, all's fair in love and war...or lawfare.
Somehow, some of us that have nothing to hide, welcome audits and any other opportunity to prove our innocence.
We find it easier to not cheat EVER. I think it's called "honesty".
Is there a Cliffs-Notes version available for all this bull-shit?
This will be another book/movie.
@3:25 - Not if the goal is to make money. This whole thing re-defines boring.
Movie sequel rights will go for millions! Maybe all parties involved are playing us.
dollars to donuts here's what happened. conservatorship done, he signs with UM. Everyone ignores the conservatorship after that, MO included, and it has no discernible effect on anything thereafter. Now if MO wants to resurrect it, that could cut both ways. He probably circumvented the conservatorship to the tune of about 30 million. An NFL franchise may be in deep doo. The immutable laws of unintended consequences will take over shortly
Nothing to see here, move along folks!
Also
Rim! Ram! Flim! Flam! Ole Miss by D**n!
NFL franchise probably didn't have notice of the conservatorship. Oher was an adult.
Oher "writes" a book.
(No one buys it).
Oher attempts a book signing tour.
(Nobody shows up).
A few days later, Oher starts this crap.
And now Oher's goofy allegations are generating all kind
of media buz.
Sounds like the Colin Kaepernick squad has taken over his
publicity team.
If my understanding of a conservatorship is correct, the "ward", in this case Oher, becomes legally incapable of handling his own business affairs as long as the conservatorship is in effect. Am I wrong? Obviously the Tuouhys had no use for the conservatorship once Oher's playing days at Ole Miss ended, but does not the law have some consequences when a legal device like a conservatorship or guardianship is merely a sham? Legal opinion please.
Any school that has boosters so dedicated that they would stoop to damn near anything to get a player ought to win a national championship just on general principle. I hope Kiffen can get them one and stop this kind of crap.
What this is gonna shake out to is his "Conservator Parents" prolly have a picture of Oher on the wall in some their restaraunts & Oher will claim they "Proffited" from his photos on display. Or some krazy BS like that...
Oher profited handsomely via his association with the Touheys during his days at Ole Myth. Never spent a nickel of his own money.
Wardrobe, cars, jewelry, cash, credit cards, quiet money for momma...
Can't nobody match an Old Myth arrangement...NOooooBaddy.
Don Barrett is a fine attorney. He has handled some of the biggest cases in the country.And he is a big Ole Miss donor. Not sure why he took this case.
This case will be about misrepresentation... and that can have some serious traction. Too many Oxford doofuses on these boards spouting biased crap.
@5:54 - I agree. Don is an excellent attorney. He wouldn't have pursued the case unless he believed that something very inappropriate happened with these so-called "parents". Go get'em, Don. The accounting will be illustrative.
People who have been publicly accused of wrongdoing are happy to have a court help them to prove. their honestly and innocence.
Question for the attorneys on here: Wouldn't any movie contract signed by the conservator on behalf of Oher have to be approved by the court prior to being signed? If so, would that not void the contract?
9:13 Basically the Tuohys admit that they have trampled the Tennessee conservatorship statutes to achieve their ends, whatever they may be. I am surprised that this matter has been discussed so extensively here without anyone referring to the clear language of the Tennessee statues and case law. That authority makes it clear that although Oher may not be entitled to a windfall of cash, he is right that Tuohy engaged in a legal deception at least, a fraud at worst.
Alec Baldwin to play Don Barrett.
The Old Myth lawyer at 9:36 seems fixated on statues. But...isn't everybody up there?
4:20 you do realize there's a difference between a statue and a statute, correct?
"Don Barrett is a fine attorney. He has handled some of the biggest cases in the country. And he is a big Ole Miss donor. Not sure why he took this case."
Maybe he wants some of that money back because the college made some decisions he was opposed to, and they didn't give a shit. Financial retribution can be fun and personally satisfying. Don knows all the inside players and the deep pockets involved. Could be a big lick all around... which would be a huge settlement since going to trial in today's political climate would be catastrophic. The story reeks of willful and knowing modern day slave commerce, and that would rain down on Oxford to no end. They can't afford that PR storm.
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