Blind Side Lawsuit

Explore the legal battle between Michael Oher and the Tuohy family, uncovering the complexities of conservatorship, biographical rights, and the real story behind "The Blind Side."
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Key Takeaways

  1. Michael Oher’s lawsuit against the Tuohy family centers on allegations that he was misled into a conservatorship, not adoption, which allowed the Tuohys to control his finances and profit from his life story.
  2. The dispute has raised important questions about conservatorship law, adoption procedures, and the ethics of profiting from another person’s narrative, especially when that person may not have fully understood the legal arrangements.
  3. As of this writing, the case is ongoing, and the court has terminated the conservatorship, but broader legal and ethical issues remain unresolved and may influence future cases involving conservatorships and biographical rights.

Introduction

The legal dispute between Michael Oher and the Tuohy family has brought renewed attention to the real-life story behind the 2009 film "The Blind Side." Oher, a former NFL player, alleges that the Tuohys misrepresented their relationship with him and profited from his life story without his informed consent. The lawsuit, filed in Tennessee, challenges the narrative popularized by the film and raises complex questions about conservatorship, adoption, and the rights of individuals whose stories are adapted for commercial purposes.

This guide provides a detailed overview of the legal issues at stake, the factual background of the case, and the broader implications for conservatorship law and biographical rights. All information is based on publicly available court filings and news reports as of June 2024.


Background of the Case

The Parties Involved

Michael Oher is a former professional football player whose early life and rise to athletic success were depicted in "The Blind Side."
Sean and Leigh Anne Tuohy are a Memphis couple who, according to the film and public accounts, took Oher into their home during his high school years. The Tuohys have two biological children and have been portrayed as Oher’s adoptive parents.

The Film and Its Impact

"The Blind Side" was released in 2009 and became a major commercial and critical success. It grossed over $300 million worldwide and won several awards. The film’s narrative centers on the Tuohys’ alleged adoption of Oher and their role in supporting his football career. However, Oher has publicly stated that the film misrepresented key aspects of his life and relationship with the Tuohys (NBC News).


Allegations in Oher’s Lawsuit

In August 2023, Michael Oher filed a lawsuit in Shelby County, Tennessee, alleging that the Tuohys never adopted him. Instead, he claims they convinced him to sign a conservatorship agreement when he was 19, under the impression that it was equivalent to adoption. According to Oher, this conservatorship gave the Tuohys legal authority over his financial and personal decisions, including the right to negotiate contracts on his behalf (ESPN).

Oher’s petition asserts that the Tuohys used the conservatorship to secure lucrative deals related to "The Blind Side" without his informed consent. He alleges that he received little or no compensation from the film, while the Tuohys and their children profited significantly.

The Tuohys’ Response

The Tuohy family has denied Oher’s allegations. They maintain that the conservatorship was established to help Oher with college admissions and NCAA eligibility, not to exploit him financially. The Tuohys have presented financial records indicating that Oher received $138,000 in profits from the film, the same amount as each family member (Reddit). They have also accused Oher of attempting to extort $15 million from them by threatening to go public with his claims (CBS News).

Disputed Financial Arrangements

Oher’s lawsuit contends that the Tuohys and their biological children each received $225,000 plus 2.5% of the film’s net proceeds, while he received far less (CNN). The Tuohys dispute this, citing tax records and payment documentation.


Conservatorship vs. Adoption

A conservatorship is a legal arrangement in which a court appoints an individual or entity to manage the personal and/or financial affairs of another person who is deemed incapable of doing so independently. In Tennessee, conservatorships are typically used for adults with disabilities or incapacities (Tennessee Code Annotated § 34-1-101).
Adoption is a legal process that creates a parent-child relationship between individuals who are not biologically related. Adoption confers full legal rights and responsibilities, including inheritance and decision-making authority.

Oher’s lawsuit claims he was misled into believing the conservatorship was equivalent to adoption, which is not accurate under Tennessee law.

Rights Over Life Story and Biographical Profits

The case also raises questions about the right to profit from a person’s life story. Generally, individuals must consent to the use of their name, likeness, and personal history for commercial purposes. If a conservator is appointed, that person may have the authority to enter into such agreements on behalf of the conservatee, but only if it serves the conservatee’s best interests.


Court Proceedings and Recent Developments

Termination of the Conservatorship

In September 2023, the court granted Oher’s request to terminate the conservatorship (CNN). The judge found that the arrangement was no longer necessary, given Oher’s age and capacity. However, the court did not immediately resolve the financial disputes or the question of whether Oher was adequately compensated for the use of his life story.

Ongoing Litigation

The lawsuit remains active as of June 2024. Both sides continue to dispute the facts and legal implications. Oher has stated that his motivation is to set the record straight and reclaim his narrative, not to seek financial gain (People). The Tuohys maintain that they acted in Oher’s best interests and that all financial dealings were transparent.


Conservatorship Reform

The Oher case has contributed to a broader public discussion about conservatorship laws, especially in light of other high-profile cases. Critics argue that conservatorships can be misused to control competent adults and exploit their assets. The case highlights the need for clear legal standards and oversight to protect the rights of conservatees.

The dispute also underscores the importance of informed consent in adoption and related legal arrangements. Individuals must fully understand the legal implications of any documents they sign, especially when those documents affect their rights and financial interests.

Ethics of Biographical Storytelling

Finally, the case raises ethical questions about the commercialization of personal stories. When films or books are based on real people, it is essential to ensure that those individuals have a say in how their stories are told and are fairly compensated for their contributions.


Conclusion

The "Blind Side" lawsuit is a complex and evolving legal dispute that touches on conservatorship law, adoption, and the rights of individuals to control and profit from their life stories. The outcome may have significant implications for similar cases in the future. Attorneys and legal professionals should monitor developments closely and consider the broader lessons for conservatorship and biographical rights law.


Disclaimer: This guide is for informational purposes only and does not constitute legal advice. The "Blind Side" lawsuit is ongoing, and the facts and legal issues discussed are based on current public information and allegations, which may be subject to change as the case develops. For specific legal advice, consult a qualified attorney.

About the author
Von Wooding, Esq.

Von Wooding, Esq.

D.C. licensed attorney Founder at Counsel Stack

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