The Blind Side 2: The search for more money

[Nivek 16646]

48 minutes ago, 'stache said:

 

Wait, this ugly bitch was the one portrayed by Sandra Bullock, apparently as a total milf? Yeah, totally believable, lol. If I'm ever portrayed on film, I guess it should be Ryan Gossling, just give him black hair and darker skin, lol.

[orange dream 1200]

So, Oher's agent was a close friend of the Touhys and the person who filed the Conservatorship petition and then never informed her client (Oher) that it might be worthwhile to look into the royalties related to the book / movie deals.  That sounds like legal malpractice.  Ladies & Gents, I think Mr. Oher might be about to put the whole system on trial.

 

 

For real, that seems shady AF.

[Brothahorn 10079]

Now even happier I never saw the movie.

[ImissWallyPryor 9044]

On 8/14/2023 at 11:57 AM, ztejas said:

Mike's relationship with the Tuohy family started to decline when he discovered that he was portrayed in the movie as unintelligent

In other words, at the world premiere?

I was totally shocked that the Tuohys’ compassion was for a prototypical NFL OT and not in a homeless dwarf with rickets and scoliosis.

Edited August 16, 2023 by ImissWallyPryor

[Beau Vine 53636]

32 minutes ago, orange dream said:

So, Oher's agent was a close friend of the Touhys and the person who filed the Conservatorship petition and then never informed her client (Oher) that it might be worthwhile to look into the royalties related to the book / movie deals.  That sounds like legal malpractice.  Ladies & Gents, I think Mr. Oher might be about to put the whole system on trial.

Every lawyer, pretty much, from the Chairman of Skadden down to the first-year associate at Buttweed Law Group, first wants to do right by their client.  Then they're being judged, or even actively undermined, in that endeavor by a) their client, b) their bosses and a combination of c) a judge, d) an opposing lawyer and e) some opposing institution or administrative body.

[Josef Pwag 1656]

49 minutes ago, EuroHorn said:

He’ll get adopted by Mack Brown and they’ll call the sequel, Different Strokes 

Cleve Bryant can play "The Gooch." Is he still dead? 

[Deej 76093]

49 minutes ago, EuroHorn said:

He’ll get adopted by Mack Brown and they’ll call the sequel, Different Strokes 

He would have been paid in cookies and orange slices. 

23 minutes ago, ImissWallyPryor said:

In other words, at the world premiere?

I was totally shocked that the Tuohys’ interest was in a prototypical NFL OT and not in a homeless midget with rickets and scoliosis. 

Look, nobody, and I mean nobody, wants to adopt a Surly poster. 

[MagicSoccerSpray 1725]

5 hours ago, ztejas said:

Why is he just now taking this to court? 

There has to be more to the story. 

 

He just wrote a book

[South Austin 51462]

The Thanksgiving dinner is going to be awkward as fuck.

[Deej 76093]

Looks like Oher was blindsided.

[Spaceman Spiff 377]

Nah. "Thanksgiving is for family only, Michael."

[TwiceHorn 30752]

1 hour ago, Beau Vine said:

Every lawyer, pretty much, from the Chairman of Skadden down to the first-year associate at Buttweed Law Group, first wants to do right by their client.  Then they're being judged, or even actively undermined, in that endeavor by a) their client, b) their bosses and a combination of c) a judge, d) an opposing lawyer and e) some opposing institution or administrative body.

Well, in this case there were two clients, the paying Tuohy's and the non-paying Oher.  The lawyer did right by one of em.

Want to take bets on whether she gets disciplined?

[TwiceHorn 30752]

2 hours ago, Texzilla58 said:

You would have thought his nfl agent would have just asked the question “how much you getting from the movie?” Unless his agent is also the Tuohy attorney. “Nothing?” Let me look into that for you.

That's a fair point.  The agent should have been questioning the conservatorship, the need for it, and any income/revenue from the film.   

Most financial affairs conservatorships are premised on the idea that the ward can't handle his business and the conservator needs to handle it for him.  So that would tend to mean not only the film but any NFL related matters a sports agent would handle.

Also, in Texas and most places, an attorney is appointed for the potential ward to evaluate the fundamental fairness and need for a conservatorship, called a guardian ad litem.  In some of these elder abuse scandals, I discovered Nevada, among other places, did not have such a provision.  Tennessee may be or have been another.

[Beau Vine 53636]

13 minutes ago, TwiceHorn said:

Well, in this case there were two clients, the paying Tuohy's and the non-paying Oher.  The lawyer did right by one of em.

Want to take bets on whether she gets disciplined?

I'll bet she doesn't get disbarred.

[Captainant 26873]

5 hours ago, slorch said:

some major details are missing(shocker!)

 

Slorch being an apologist for a vampire family leeching off an athletic poor black kid (shocker!)

[Nice Guy Eddie 13286]

I’m unsure if the NCAA would have allowed a college player to receive money from a book and/or film deal. I realize the movie came out once he was already drafted in the NFL but the deals would had been struck at least a year or two earlier. While he was a 2007 or 2008 player. Rules were different then.

and while the family could have look to structured some type of deal to give him cash later on, even conservators aren’t required to help an adult. Oher earned over $34m in the NFL so I wouldn’t be surprised if he was ok, at the time, that the rest of the family made money from the film.

also it’s a bit coincidental that this news came out as he just released a book. I hope he was smart with his NFL earnings but history says that there is a decent chance he’s broke with few prospects. 

[Clintonaldo 2315]

15 minutes ago, TwiceHorn said:

That's a fair point.  The agent should have been questioning the conservatorship, the need for it, and any income/revenue from the film.   

Most financial affairs conservatorships are premised on the idea that the ward can't handle his business and the conservator needs to handle it for him.  So that would tend to mean not only the film but any NFL related matters a sports agent would handle.

Also, in Texas and most places, an attorney is appointed for the potential ward to evaluate the fundamental fairness and need for a conservatorship, called a guardian ad litem.  In some of these elder abuse scandals, I discovered Nevada, among other places, did not have such a provision.  Tennessee may be or have been another.

In Tennessee, an ad litem is appointed and I think it’s a great thing. 

[Captainant 26873]

1 minute ago, Nice Guy Eddie said:

also it’s a bit coincidental that this news came out as he just released a book. I hope he was smart with his NFL earnings but history says that there is a decent chance he’s broke with few prospects. 

He doesn't control his own money. He is under the conservatorship of the tuohey family as an adult man of sound mind. 

Rich white southern family found a way to own a black guy, go figure

[Clintonaldo 2315]

4 minutes ago, Nice Guy Eddie said:

I’m unsure if the NCAA would have allowed a college player to receive money from a book and/or film deal. I realize the movie came out once he was already drafted in the NFL but the deals would had been struck at least a year or two earlier. While he was a 2007 or 2008 player. Rules were different then.

and while the family could have look to structured some type of deal to give him cash later on, even conservators aren’t required to help an adult. Oher earned over $34m in the NFL so I wouldn’t be surprised if he was ok, at the time, that the rest of the family made money from the film.

also it’s a bit coincidental that this news came out as he just released a book. I hope he was smart with his NFL earnings but history says that there is a decent chance he’s broke with few prospects. 

He is worth $16 million. I think he was incredibly naive thinking people really cared about him but he doesn’t deserve to get nothing for them whoring him out. 

Edited August 15, 2023 by Clintonaldo

[Nice Guy Eddie 13286]

3 minutes ago, Captainant said:

He doesn't control his own money. He is under the conservatorship of the tuohey family as an adult man of sound mind. 

Rich white southern family found a way to own a black guy, go figure

He’s still under a conservatorship at age 37?

 

3 minutes ago, Clintonaldo said:

He is worth $16 million. I think he was incredibly naive thinking people really cared about him but he doesn’t deserve to get nothing for them whoring him out. 

Googling someone’s net worth doesn’t mean that is accurate. Go to one of those sites immediately hear a “rich” person is declaring bankruptcy. 

[Grade of D as in David 13253]

2 hours ago, Deej said:

He would have been paid in cookies and orange slices. 

Look, nobody, and I mean nobody, wants to adopt a Surly poster. 

On the flip side, god forbid, if something happens to @Prepuce of Doom surly would collectively raise Doomlet as one of our own.

[Guest]

23 minutes ago, Captainant said:

Slorch being an apologist for a vampire family leeching off an athletic poor black kid (shocker!)

I took a shot at nobody but the reporting.  It doesn't add up. 

Edited August 15, 2023 by slorch

[Nice Guy Eddie 13286]

Never saw the movie but I’m assuming they changed facts like every “true life” sports movie does. It’s 15+ years since I read the book but did the book say that he was adopted by that family?  My recollection was that he wasn’t adopted but I could be 100% wrong. Please correct if the book says otherwise.

[Captainant 26873]

14 minutes ago, Nice Guy Eddie said:

He’s still under a conservatorship at age 37?

Yup. In the lawsuit filed by Oher, one of the reliefs he is seeking is to be released from the conservatorship 

[Captainant 26873]

15 minutes ago, slorch said:

I took a shot at nobody but the reporting.  It doesn't add up. 

Yeah dude. You're saying you don't believe it because reasons. Next thing you know, sack and poe will be repping you and you'll know you're making the wrong argument. 

What doesn't add up? That such nice, god fearing people could do something so nasty to just steal and profit off the hard work and story of someone below their social status?

Buddy, I've got some nice beachfront property in Lubbock you may be interested in. 

Edited August 15, 2023 by Captainant

[Catdaddyhorn 3435]

14 minutes ago, Captainant said:

Yup. In the lawsuit filed by Oher, one of the reliefs he is seeking is to be released from the conservatorship 

I believe the conservatorship specified controlling the rights concerning his "life story". So I'm guessing it's not all encompassing like I imagine most conservatorships are.  

[ChiTownDoc 20841]

6 hours ago, FartingMonk said:

Pretty fucked up.  It was such a feel good story too.  But the tale is as old as time.  Rich white people from Mississippi taking advantage of a black dude with a strong back.

Indeed.  I feel that OU is ready for the SEC but you leftist commies from Austin?

 

<im a commie too, bro>

[ChiTownDoc 20841]

It’s in MS.  The family will write a how to book and make even more money.

 

NIL?  ‘Wait we can bamboozle them out of all that money too?!’

[Nivek 16646]

4 hours ago, ChiTownDoc said:

I just signed a conservatorship with the Bobs.  WCGW

[Captainant 26873]

17 minutes ago, Catdaddyhorn said:

I believe the conservatorship specified controlling the rights concerning his "life story". So I'm guessing it's not all encompassing like I imagine most conservatorships are.  

It's all of his business affairs. Oher doesn't control any of the money he makes or the deals he takes - the tuoheys do. His "agent" just so happens to be their attorney.

Not to mention all the tuoheys got $225k and 2.5% residuals for the movie, and Oher got dog shit. He wasn't even a part of that family and they made millions of his life and story. 

Gimme a fuggin break dude. 

[Armybrat 40483]

4 hours ago, longhornmatt said:

There is no good reason to cut him out of the royalties while making sure they and their kids get a percentage.  That seems like a pretty clear cut claim that they’re breaching fiduciary duties as the conservators if they did that.  

You are correct.

[Clintonaldo 2315]

It’s very interesting some people are like fuck him he is doing this because he needs money. Uh yeah, he needs the money he is owed. 

[Guest]

52 minutes ago, Captainant said:

Yeah dude. You're saying you don't believe it because reasons. Next thing you know, sack and poe will be repping you and you'll know you're making the wrong argument. 

What doesn't add up? That such nice, god fearing people could do something so nasty to just steal and profit off the hard work and story of someone below their social status?

Buddy, I've got some nice beachfront property in Lubbock you may be interested in. 

Keep up the good fight bro.  Slorch is out there oppressing the gotdam world again.  L-O-fucking-L.

[TwiceHorn 30752]

1 hour ago, Clintonaldo said:

In Tennessee, an ad litem is appointed and I think it’s a great thing. 

Well, I don't know how this happened.  It's bizarre.

A conservatorship of the PERSON would make some sense here so they could be his guardians while he was a minor and "under their care."  In that sense, it is somewhat like an adoption.  I read another story that said both he and his mother consented to it, which brings up the point that adoption requires termination of parental rights, which is kind of extreme, even in a case like this and maybe Mike and his moms weren't wild about that idea.

But conservatorship of his ESTATE, the financial things, is getting toward pretty abusive.  And unless he was shown to be somehow unfit ("a disability") to manage his financial affairs, such as they were as a senior in hs, I don't see how this was granted, even with his consent.

In the ordinary course of things, the guardian ad litem would have made sure he understood his consent, the effect of the conservatorship, and also seemingly would have questioned the need for a guardianship of the estate/Oher's "disability."  The rules of these things are supposed to make it more difficult for abusive conservatorships.  Shit still happens, I guess.

[ChiTownDoc 20841]

11 minutes ago, TwiceHorn said:

Well, I don't know how this happened.  It's bizarre.

A conservatorship of the PERSON would make some sense here so they could be his guardians while he was a minor and "under their care."  In that sense, it is somewhat like an adoption.  I read another story that said both he and his mother consented to it, which brings up the point that adoption requires termination of parental rights, which is kind of extreme, even in a case like this and maybe Mike and his moms weren't wild about that idea.

But conservatorship of his ESTATE, the financial things, is getting toward pretty abusive.  And unless he was shown to be somehow unfit ("a disability") to manage his financial affairs, such as they were as a senior in hs, I don't see how this was granted, even with his consent.

In the ordinary course of things, the guardian ad litem would have made sure he understood his consent, the effect of the conservatorship, and also seemingly would have questioned the need for a guardianship of the estate/Oher's "disability."  The rules of these things are supposed to make it more difficult for abusive conservatorships.  Shit still happens, I guess.

I don't know man.  Seems like attorneys got involved in shit and everything went to hell.  Weird, I know. 

 

 

[CycleTex87 2944]

I don’t know any of the details of this story but the truth usually lies somewhere in the middle.  That’s why we pay the attorneys and the judge to figure it out. The court has responsibility to look after the rights of the person under conservatorship. It’ll be interesting for sure. 

[George 487]

Is he saying he didn’t realize it was going on?  I mean. I assume someone else is signing his checks/contracts/financials. 
 

[ChiTownDoc 20841]

Just now, George said:

Is he saying he didn’t realize it was going on?  I mean. I assume someone else is signing his checks/contracts/financials. 
 

Yeah, he didn't know because the family also said they're not getting any money from it, so it didn't seem odd for him to not get money.  Then he finds out they're getting millions.  More than a little fucked up.  

[Texas Wahoo 3376]

15 minutes ago, TwiceHorn said:

conservatorship of the PERSON would make some sense here so they could be his guardians while he was a minor and "under their care."

Except the conservatorship agreement wasn’t signed until he was 18. 

['stache 21500]

Yeah I gotta think the conservatorship is limited to the movie deal. He’d know if they were controlling his nfl paychecks.

[TwiceHorn 30752]

Okay, here it is: https://documents.shelbycountytn.gov/ProbateCourtDocuments/viewdoc.aspx?id=5

It is a conservatorship of the PERSON, not the estate.  But Tennessee doesn't recognize much distinction, unlike Texas and other places.

However, it is a bit odd in that it was entered against a kid who had attained majority, but not yet graduated high school.

So, in effect it made the Tuohys able to "be his parents" while he lived with them and went to school. 

But, it also included a provision that he could not enter into contracts without the Tuohys consent, which is normal for a minor guardianship, because no minor can enter into contracts without parental consent.

What is odd is that it didn't either terminate on his attaining majority (he had already attained) or graduated high school.

So, in many respects, fairly normal and actually a reasonable substitute for an adoption.

But his age, the contract clause, and the lack of automatic termination upon graduation from high school, or enrollment in college, or some such, is pretty suspect.

Also, Debbie Branan was not the lawyer of record in the original case.  It was Randall J. Fishman, who is a Horn, incidentally and fwiw.  There's some weird factual errors in Oher's complaint, which is here.  https://documents.shelbycountytn.gov/ProbateCourtDocuments/viewdoc.aspx?id=1

 

Edited August 15, 2023 by TwiceHorn

[TwiceHorn 30752]

As people featured in the movie, it's not particularly unusual for the Tuohys to have signed some kind of agreement to be compensated for their characterizations.

What is weird is that Michael was given a different agreement.  As a bigger character, he'd be expected to be paid more than the Tuohy's, but he was paid nothing.  It is quite possible that NCAA regs prevented him from signing such a deal, and taking compensation, as it was basically an NIL deal. 

Also, the conservatorship order would seem to require consent of Tuohys to that agreement, but there's no allegation about that.

And, it is super-fucking weird that his agent didn't find out about this and question it earlier.  I guess he/she'd have no way of knowing.  But technically speaking, the Tuohys had the right to consent to his NFL contracts, and any other contracts, all this time.  Yet there's no allegation that they did so.

Lotta weirdness here, I think we're missing some information.  The conservatorship is a bit sus. 

But other than the Oher surrender of rights to film revenue, there's not really any evidence of actual abuse.  And the complaint is very curiously vague about that agreement.  It says he doesn't remember signing it.  Ok, that's maybe fair, but if the Tuohys were consenting and pushing stuff, you'd think there'd be some allegations about that, but there are not, it's just a big ?

Edited August 15, 2023 by TwiceHorn

[Homesickhorn 2194]

Well, with my limited interactions with Ole Miss fans and supporters, color me shocked that an Ole Miss supporter would do something dishonest, classless, and underhanded. /sarcasm
The next decent and upright Ole Miss fan or alumn I meet will be the first. 

Hey, fuck you dude.

[Homesickhorn 2194]

Also, having met the Touys (parents) the actors did an outstanding job of portraying them. I read the initial story (Of Michael), and reached out to my friends who played football at Ole Miss and have connections to the athletic department. They basically rolled their eyes, and said it was better to let Hollywood portray it, because there was a ton of shit that was stated publicly, but never tracked. Sucks to be a Rebel/Bear/Shark, I guess.

[Evil Bill Obrien 2868]

44 minutes ago, ChiTownDoc said:

I don't know man.  Seems like attorneys got involved in shit and everything went to hell.  Weird, I know. 

 

 

The Attorneys:

 

[Frank Drebin 5360]

The movie deal docs would have been signed when he was a NCAA athlete.  I’m wondering if he was unable to keep eligibility had he received cash or profit share from movie.  

The book was really good. The movie sucked.  
 

Have the Tuohys responded yet?  Got to think that’s coming.  

[Buzzrock 14776]

Okay, here it is: https://documents.shelbycountytn.gov/ProbateCourtDocuments/viewdoc.aspx?id=5
It is a conservatorship of the PERSON, not the estate.  But Tennessee doesn't recognize much distinction, unlike Texas and other places.
However, it is a bit odd in that it was entered against a kid who had attained majority, but not yet graduated high school.
So, in effect it made the Tuohys able to "be his parents" while he lived with them and went to school. 
But, it also included a provision that he could not enter into contracts without the Tuohys consent, which is normal for a minor guardianship, because no minor can enter into contracts without parental consent.
What is odd is that it didn't either terminate on his attaining majority (he had already attained) or graduated high school.
So, in many respects, fairly normal and actually a reasonable substitute for an adoption.
But his age, the contract clause, and the lack of automatic termination upon graduation from high school, or enrollment in college, or some such, is pretty suspect.
Also, Debbie Branan was not the lawyer of record in the original case.  It was Randall J. Fishman, who is a Horn, incidentally and fwiw.  There's some weird factual errors in Oher's complaint, which is here.  https://documents.shelbycountytn.gov/ProbateCourtDocuments/viewdoc.aspx?id=1
 

Tuohy (why the fuck are all the names in this story hard to spell or look like typos) kind of addressed that in his response today. He said that because Oher had lived with them for so long they had to make him part of the family for Ole Miss to accept him, and you can’t adopt someone over 18. More detail is needed there IMO. Tuohy also said they didn’t make any money off the film.

The film made $309M on a $29M budget. Theaters get 40% so that leaves $168M, and 2.5% of that is $4.2M. If that very rough math is right then he is suing for less than $1M and will still have to pay his lawyer.

Unless I’m missing something.

The movie deal docs would have been signed when he was a NCAA athlete.  I’m wondering if he was unable to keep eligibility had he received cash or profit share from movie.  
The book was really good. The movie sucked.  
 
Have the Tuohys responded yet?  Got to think that’s coming.  

Yes, it was posted earlier:

https://www.si.com/.amp/nfl/2023/08/15/sean-tuohy-responds-michael-oher-allegations-its-upsetting

[TwiceHorn 30752]

8 minutes ago, Frank Drebin said:

The movie deal docs would have been signed when he was a NCAA athlete.  I’m wondering if he was unable to keep eligibility had he received cash or profit share from movie.  

The book was really good. The movie sucked.  
 

Have the Tuohys responded yet?  Got to think that’s coming.  

He allegedly signed the deal surrendering his rights to compensation for the film in April 2007, about six months after the Tuohy's signed their deals.

He would have been right in the middle of his Ole Miss career and, I'm reasonably certain, would have completely spiked his eligibility by signing such a deal for compensation.  But on this one D) Not enough information given.

I don't think there's any real legal basis for him to claim entitlement to the money they received for the movie.

The Tuohys did manage to make themselves fiduciaries to Oher by this arrangement, but I'm not actually seeing much evidence that they violated any fiduciary duty.  Also D) Not enough information given.

Edited August 15, 2023 by TwiceHorn

[TwiceHorn 30752]

3 hours ago, Beau Vine said:

I'll bet she doesn't get disbarred.

Well, I should have known better than to go on media reports.  After perusing the actual court documents, there's currently very little evidence that she did anything wrong.

More may come out, more may not.  D) Not enough information given.

[ztejas 42748]

16 minutes ago, Buzzrock said:

The film made $309M on a $29M budget. Theaters get 40% so that leaves $168M, and 2.5% of that is $4.2M. If that very rough math is right then he is suing for less than $1M and will still have to pay his lawyer.

Less than that because budget doesn't include promotional and distribution costs.