Oher/Touhy question for the legal types

[aTotal360]

I know everyone on SPS has passed the board, but...

From what you can tell, do the Touhy's still have some of financial control over MO?

Or is all the money in question exclusively revolved around movie rights/residuals?

 

[ZombieKissinger]

I know everyone on SPS has passed the board, but...

From what you can tell, do the Touhy's still have some of financial control over MO?

Or is all the money in question exclusively revolved around movie rights/residuals?

I passed the bar and the board, and the Touhys are 100% at fault and all money should go to our NIL fund as punishment

 

[Shmuley]

According to news reports, the petition filed in Tennessee state court on his behalf seeks the dissolution of the conservatorship that was first established in 2004. This means the conservatorship is still in place. Before this is all over, there will be similarities to the $h!+ that came to light in the Brittany Spears saga. Alleged self-dealing, breach of fiduciary duty, conflicts of interest, misappropriation, etc., etc.

One thing to look out for: How much of the conservatorship corpus has been diverted to athletics/NIL at Mississippi University. Would love to see a disgorgement order directed at those MFers.

 

[Drebin]

I passed the bar and the board, and the Touhys are 100% at fault and all money should go to our NIL fund as punishment

 

[GloryDawg]

Sounds like he has hired Britney Spears lawyer.

 

[GloryDawg]

I guess he will be added to the same Ole Miss list JWS and Mullen is on.

 

[onewoof]

I assume he can sue for intentional deception. He was never told about the movie rights. If they never paid him the money in part or whole he has a case.

 

[Bulldog Bruce]

Isn't the whole idea of a conservatorship that there is some sort of oversite on the "conservatees" money so they don't get screwed by their parents or conservator?

 

[Willow Grove Dawg]

I guess he will be added to the same Ole Miss list JWS and Mullen is on.

Michael Oher will "Rue the Day"

 

[Bulldog Bruce]

It could be argued that the story was actually about the Touhy's and Michael was just a part of that story. I guess there would have been a release required, which could be that document.

 

[Shmuley]

Isn't the whole idea of a conservatorship that there is some sort of oversite on the "conservatees" money so they don't get screwed by their parents or conservator?

Typically a conservatorship is established where the ward is under some type of "disability." One such disability is "minority" (not race, under-age). Children are under the disability of minority and so there are occasions where a natural parent or other guardian is provided a court-ordered conservatorship to act in the best interest of a child. You see these most frequently where a kid gets hurt in a car wreck and a court-ordered conservatorship is established for the portion of the settlement that relates to the kid's injury claims. Most of us are familiar with the disability of elderly and infirm parents who can no longer provide for their own care. Sometimes the situations call for establishment of the formal conservatorship court process. Both minority and infirmity would be typical and customary uses for formal conservatorships. Conservatorships involve court proceedings overseen by a judge. There is some level of court oversight with respect to actions undertaken in furtherance of the conservatorship, with many, if not most, of the actions subject to later review for legitimacy. There are times, however, where conservators take advantage of wards and the improper behavior goes undetected until well after the fact. This appears to be what is being alleged in the Oher petition.

Don't confuse conservatorships with other arrangements that are not formalized through court proceedings. Most people are familiar with powers of attorney documents. Those are informal documents whereby an adult individual who is mentally competent appoints another individual as their agent with authority to act on their behalf for non-medical-care related matters. That is not what is being described in the Oher petition.

 

[eckie1]

I passed the bar and the board, and the Touhys are 100% at fault and all money should go to our NIL fund as punishment

2 things:

A) if you pass a bar, you’ve given up. Likely a dubmass *****:

 

[Tomas Smid]

Sounds like the whole thing is contrived to sell more books. It will likely work.

 

[onewoof]

Sounds like the whole thing is contrived to sell more books. It will likely work.

Until the judge allows the subpoenas to release the movie deal signed

 

[harrydawg.sixpack]

Oher is set to sign books tomorrow on Oxford. Certainty smells of some marketing…..question is - is this a coloring book?

 

[onewoof]

Smells of making the perps sweat it out at their home base. Might not get invited to the next high social get together. My my.

 

[GloryDawg]

 

[Uncle Ruckus]

Oher is set to sign books tomorrow on Oxford. Certainty smells of some marketing…..question is - is this a coloring book?

Wrong 5* recruit from the 00s

 

[Balls.sixpack]

Sounds like the whole thing is contrived to sell more books. It will likely work.

Apparently through his entire playing career and when he wrote his first book, his lawyer was a family friend of the Tuohys. He recently changed lawyers. My assumption is that this came to light during the writing of his second book when reviewing licensing rights and whatnot.

 

[dawglawz]

I know everyone on SPS has passed the board, but...

From what you can tell, do the Touhy's still have some of financial control over MO?

Or is all the money in question exclusively revolved around movie rights/residuals?

Worse than the financial stuff, to me, is misrepresenting the purpose of the conservatorship and making the guy think he was adopted and part of their family, if that's indeed the case.