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Agreement central to a public dispute between Michael Oher and the Tuohys is being questioned

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Agreement central to a public dispute between Michael Oher and the Tuohys is being questioned

MEMPHIS, Tenn. (AP) — In 2004, when Michael Oher was a coveted college football recruit, the 18-year-old high schooler agreed in court to allow the Memphis couple he lived with to make decisions for him about signing contracts and any medical issues.

Sean and Leigh Anne Tuohy had taken in Oher, who had been in the Tennessee foster care system and at one point lived on the streets. The judge-approved agreement, called a conservatorship, was made with the permission of Oher’s biological mother and inked about two months before Oher signed to play offensive line for Ole Miss, where Sean Tuohy had been a standout basketball player.

Nineteen years later, Oher has asked for the agreement to end in a probate court filing accusing the Tuohys of enriching themselves at his expense and lying to him by having him sign papers making them his conservators rather than his adoptive parents. Oher, who played eight NFL seasons, claims the Tuohys never took legal action to assume custody before he turned 18, though he was told to call them “Mom” and “Dad.”

The demand by Oher, whose life story was turned into the Oscar-nominated film “The Blind Side,” has led to scrutiny of the Tuohys and of the agreement itself, with one expert questioning how a judge approved it.

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FILE - President Joe Biden speaks during a celebration of the Americans with Disabilities Act, and to mark Disability Pride Month, in the Rose Garden of the White House, Sept. 28, 2022, in Washington. The Biden administration is proposing new regulations that would make state and local government websites more accessible for people with disabilities. That includes services like library websites, parking app and transit schedules, and court records. Wednesday is the 33rd anniversary of the Americans with Disabilities Act.(AP Photo/Evan Vucci, File)

“There are a lot of not just unusual, but shocking and maybe never before seen things, for even attorneys experienced in this area,” said Victoria Haneman, a professor of trusts and estates at the Creighton University School of Law.

Now 37, Oher seeks a full accounting of assets, considering his life story produced millions of dollars, though he says he received nothing from the movie. He accuses the Tuohys of falsely representing themselves as his adoptive parents, saying he only discovered in February that the conservatorship provided him no familial relationship to them.

The Tuohys said they loved Oher like a son and supported him when he lived with them and when he was in college. They are devastated by accusations by Oher, who has been estranged from them for about a decade, their lawyers say.

In Tennessee, a conservatorship removes power from a person to make decisions for themselves, and it is often used in the case of a medical condition or disability. But Oher’s conservatorship was approved “despite the fact that he was over 18 years old and had no diagnosed physical or psychological disabilities,” his petition said.

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The Tuohys said they set up the conservatorship to help Oher with health insurance, a driver’s license and being admitted to college. Their lawyers said in a news conference Wednesday that the Tuohys never received money from Oher’s NFL contracts or shoe deals and they split money from “The Blind Side,” which earned the couple, their two children and Oher an estimated $100,000 apiece.

The Tuohys didn’t instead adopt Oher because the conservatorship was the fastest way to satisfy the NCAA’s concerns that the Tuohys weren’t simply steering a talented athlete to Ole Miss, lawyer Randall Fishman said.

“There was one thing to accomplish, and that was to make him part of the family, so that the NCAA would be satisfied because Sean would have been a booster of the university,” Fishman said.

The Tuohys’ lawyers said they intend to end the conservatorship and that the accounting Oher asked for would not be difficult.

Still, how the agreement was reached raised concerns for Haneman, the Creighton professor.

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“I am frankly floored that any judge allowed them to use the conservatorship in this way, you know, with the purpose of circumventing NCAA rules,” she said.

Haneman also questioned why the conservatorship didn’t include a medical affidavit showing disability, or the appointment of a guardian ad litem who would protect Oher and provide an “independent set of eyes.” Both are typically part of conservatorships, she said.

Haneman said there were other legal options available, such as power of attorney, that would not have stripped Oher of his “legal capacity.”

“At the end of the day, you do not put an adult in a conservatorship because they need help with a driver’s license or college applications,” Haneman said.

Fishman said the medical affidavit wasn’t needed because Oher didn’t have mental or physical disabilities. Also, Oher had no assets to be accounted for, and the Tuohys were only made “conservator of the person.”

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“People have been saying, ‘Well, you’ve got to have some kind of issue to be a ward in a conservatorship,’” Fishman said Thursday. “That’s just not true. He just needed some guidance and that’s why the court did it.”

Fishman said the guardian issue was waived because Oher was 18 and his mother consented.

Another Tuohy attorney, Martin Singer, said in a statement that profit participation checks and studio accounting statements support the assertions that Oher received money from the film.

When Oher refused to cash the checks, the statement said, the Tuohys deposited Oher’s share into a trust account for his son.

The couple said agents negotiated the advance for the Tuohys and Oher from the production company for “The Blind Side,” based on a book written by Sean Tuohy’s friend Michael Lewis.

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Lewis told The Washington Post that no one involved in the book received millions of dollars. Regarding money made off the profits from the film, which raked in hundreds of millions of dollars, Lewis said that he and the Tuohy family each received around $350,000 after taxes and agent fees.

“It’s outrageous how Hollywood accounting works, but the money is not in the Tuohys’ pockets,” Lewis told the newspaper in an interview published Wednesday.

People depicted in biopics typically do not make a lot of money because they have little bearing on a movie’s success, said Julie Shapiro, director of the Entertainment and Media Law Institute at Loyola Marymount University in Los Angeles.

“Most often, it’s the actors, director and screenwriters who determine the financial success of a project,” Shapiro said. Studios do not need to acquire someone’s “life rights” to tell a story. But they often do it to prevent lawsuits, she said.

The petition by Oher, who has never been a fan of the movie about his life, asks that the Tuohys be sanctioned and pay damages.

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Some have questioned why the Tuohys didn’t simply adopt Oher as an adult.

“There’s no really clear answer as to what the legal obstacle was for them to complete the adoption,” Haneman said. “They did say (Wednesday) that it was a timing issue, but that timing issue would not have prevented them from completing the adoption while he was at Ole Miss.”

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Trump's FDA Pick Is Surgeon and Writer Martin Makary

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Trump's FDA Pick Is Surgeon and Writer Martin Makary
By Michael Erman (Reuters) – U.S. president-elect Donald Trump has nominated surgeon and writer Martin Makary to lead the U.S. Food and Drug Administration, the world’s most influential drug regulator with a more than $7 billion budget. The FDA regulates human and veterinary drugs, medical devices …
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Israel moves towards ceasefire deal with Hezbollah: reports

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Israel moves towards ceasefire deal with Hezbollah: reports

Israel is reportedly moving towards a ceasefire agreement with Hezbollah in Lebanon after nearly a year of fighting escalated into an all-out war in September. 

Israeli media outlets including YNET and Haaretz have reported that Israel has tentatively agreed to a U.S.-backed proposal for a ceasefire. No final deal has been reached, according to the reports. 

Journalists take pictures of a building hit direct by a rocket fired from Lebanon in Haifa, Israel, Sunday Nov. 24, 2024. (AP Photo/Francisco Seco)

Lebanon and the militia group Hezbollah reportedly agreed to the deal last week but both sides need to give the final okay before it can materialize. 

The reported ceasefire deal comes after Hezbollah launched one of its largest rocket attacks on Israel in exchange for Israeli forces striking Hezbollah command centers in Beirut. 

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This is a developing story. Check back for updates. 

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Yamandu Orsi wins Uruguay’s run-off presidential election

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Yamandu Orsi wins Uruguay’s run-off presidential election

Yamandu Orsi, the candidate for the left-wing Broad Front coalition, is projected to emerge victorious in Uruguay’s run-off election for the presidency.

He bested Alvaro Delgado of the ruling National Party to win the tightly fought race, though public opinion polls showed the two candidates in a dead heat in the lead-up to Sunday’s vote.

Orsi’s supporters took to the streets in the capital of Montevideo, as the official results started to show the former mayor and history teacher surging ahead.

Many waved the party banner: a red, blue and white striped flag with the initials FA for “Frente Amplio”, which translates to “Broad Front”.

“Joy will return for the majority,” the coalition posted on social media as Orsi approached victory. “Cheers, people of Uruguay.”

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Supporters of Yamandu Orsi celebrate early results after polls closed in Montevideo, Uruguay, on November 24 [Natacha Pisarenko/AP Photo]

Orsi’s win restores the Broad Front to power in the small South American country, sandwiched on the Atlantic coast between Brazil and Argentina.

For 15 years, from 2005 to 2020, the Broad Front had held Uruguay’s executive office, with the presidencies of Jose Mujica and Tabare Vazquez, the latter of whom won two non-consecutive, five-year terms.

But that winning streak came to an end in the 2019 election, with the victory of current President Luis Lacalle Pou, who led a coalition of right-leaning parties.

Under Uruguay law, however, a president cannot run for consecutive terms. Lacalle Pou was therefore not a candidate in the 2024 race.

Running in his stead was Delgado, a former veterinarian and Congress member who served as a political appointee in Lacalle Pou’s government from 2020 to 2023.

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Even before the official results were announced on Sunday, Delgado had conceded, acknowledging Orsi’s victory was imminent.

“Today, the Uruguayans have defined who will hold the presidency of the republic. And I want to send here, with all these actors of the coalition, a big hug and a greeting to Yamandu Orsi,” Delgado said in a speech as he clutched a large Uruguayan flag in his hand.

He called on his supporters to “respect the sovereign decisions” of the electorate, while striking a note of defiance.

“It’s one thing to lose an election, and another to be defeated. We are not defeated,” he said, pledging that his right-wing coalition was “here to stay”.

The outgoing president, Lacalle Pou, also reached out to Orsi to acknowledge the Broad Front’s victory.

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“I called [Yamandu Orsi] to congratulate him as president-elect of our country and to put myself at his service and begin the transition as soon as I deem it pertinent,” Lacalle Pou wrote on social media.

Supporters hold aloft multiple cut-outs of Yamandu Orsi's face.
Supporters hold cutouts of Yamandu Orsi’s face in Montevideo, Uruguay, on November 24 [Natacha Pisarenko/AP Photo]

Orsi had been considered the frontrunner in the lead-up to the first round of the elections.

Originally from Canelones, a coastal regional in the south of Uruguay, Orsi began his career locally as a history teacher, activist and secretary-general of the department’s government. In 2015, he successfully ran to be mayor of Canelones and won re-election in 2020.

In the 2024 presidential race, Orsi – like virtually all the candidates on the campaign trail – pledged to bolster Uruguay’s economy. He called for salary increases, particularly for low-wage workers, to grow their “purchasing power”.

He also called for greater early childhood education and employment programmes for young adults. According to a United Nations report earlier this year, nearly 25 percent of Uruguay’s children live in poverty.

But the economy was not the only issue at the forefront of voters’ minds. In a June survey from the communications firm Nomade, the largest share of respondents – 29 percent – identified “insecurity” as Uruguay’s “principal problem”.

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That dwarfed the second-highest ranked topic: “Unemployment” was only picked by 15 percent of respondents.

As part of his platform, Orsi pledged to increase the police force and strengthen Uruguay’s borders, including through the installation of more security cameras.

As he campaigned, Orsi enjoyed the support of former President Mujica, a former rebel fighter who survived torture under Uruguay’s military dictatorship in the 1970s and ’80s.

Mujica remains a popular figure on Uruguay’s left, best known for his humble living arrangements that once earned him the moniker of the “world’s poorest president”.

A dog walks through a Montevideo street dressed in an Uruguay flag.
Supporters of Yamandu Orsi, candidate for the Broad Front, walk a dog decorated with the party’s colours in Montevideo, Uruguay, on Sunday [Natacha Pisarenko/AP Photo]

In the first round of voting, on October 27, Orsi came out on top, with 44 percent of the vote to Delgado’s 27 percent. But his total was far short of the 50 percent he needed to win the election outright, thereby triggering a run-off.

The race got tighter from there forward. Only two candidates progressed to the run-off – Delgado and Orsi – and Delgado picked up support from voters who had backed former Colorado Party candidate Andres Ojeda, a fellow conservative who was knocked out in the first round.

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Nevertheless, Orsi quickly pulled ahead after the polls closed for the run-off election on Sunday.

“The horizon is brightening,” Orsi said in his victory speech. “The country of freedom, equality and also fraternity triumphs once again.”

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