It does not matter if it is likely or not, it also does not matter if this is step 1 of many steps to get to punitive damages. What does matter for the sake of this discussion is punitive damages are not set out to hurt anybody it's to payback past hurts. |
Simple. If the contract needed prior approval, they (agent & NFL team) would tell him the reason it needed approval. Then he would know that he was in a conservatory and not adoption. He's not that dim. |
or... like most children, they have their parents look over the contract and are there ON SIGNING DAY. |
You might want to brush up on misappropriation of the right to publicity before you do those TED talks. |
If you went to law school, ask for a refund. Compensatory damages compensate the plaintiff for harm done to them (including economic, emotional, etc.). Punitive damages, also called exemplary damages, ounish the defendant for particularly bad behavior and are usually determined by the jury as an amount sufficient to make an example of them. |
Thank you immediate PP. This discussion was making my brain bleed... |
I think this case is neither a cash grab by Oher nor a winner for Oher. I think Oher feels aggrieved and used--which he was. I think he is going to lose though and lose badly. The fact that others profit off you and your story -- esp. when it is actually a collective story--and/or exploit a complicated familial-like relationship that you feel was "fake" does not itself* create a legal claim.
*It may be that there is more to the story than is currently public. But it would be odd for Michael Lewis to wade in with a cut and dry story of the division of the proceeds if there was some sort of massive cache of $$$ that had been hidden from Oher... |
Nope. I am right. You don’t need anyone’s ok to talk about the news. |
Nice way to change the subject, we are not talking about the news. We are talking about using someone’s NIL, |
How do you know that? |
I agree with you. It will be interesting to see what comes out in the court case, but, on the face of it, this seems like a way for Oher to completely distance himself from the Tuohy's and the Blindside story publicly. I am interested to learn why they chose a conservatorship as their legal way to make him part of the family in this circumstance. I'm guessing he is too. |
It's the "adoption" part that is sickening to me, especially given how essential that false narrative became to LT's brand. |
I think it was as simple as ensuring that the Tuohys could help (and possibly direct) his financial activities without giving him any claim to their assets as a "child." I actually think the move was in good faith, at least in the sense they weren't "cheating" him out of money/success. But nevertheless, an act that sort of makes someone "half-family" is pretty brutal emotionally. Which is sort seem like the fuel for this lawsuit in the first place. |
Remember in The Blind Side movie when they were being investigated by the NCAA because the arrangement seemed so shady? The conservatorship was a way to prove a "familial" relationship without actually adopting him, and get the NCAA off their back. It's pretty gross when you think about it. They didn't care about Michael. They cared about Ol' Miss. |
Maybe this is why I don’t get it. I can’t comprehend caring about my college half that much. Whatever their reasons they invested a lot of time and money into this. I have zero desire to do that for my college. |