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re: Oher blindsided, gaslit by Tuohy family; wishes he had gone to Tennessee
Posted on 8/14/23 at 12:23 pm to meansonny
Posted on 8/14/23 at 12:23 pm to meansonny
quote:
But my guess is that the Tuohy's are fricked.
The SOL on fraud, which is essentially what he's alleging, starts to toll when the person defrauded knew or should have known of the fraud. That's going to be a tough road to hoe for something that happened almost 20 years ago, which is when this "conservatorship" was entered into. It's more likely that Oher is SOL even if his claim does have merit than the Tuohys being fricked.
Also, as an aside, the Touhys were already rich before that movie ever came to pass. They made all their money in real estate and taco bell franchises, not from the movie
This post was edited on 8/14/23 at 12:27 pm
Posted on 8/14/23 at 12:26 pm to lsufball19
He apparently also wrote about knowing this information in 2011 so tough to say he’s unaware
Posted on 8/14/23 at 12:28 pm to lsufball19
quote:
SOL on fraud
Haven't practiced in this area, but couldn't you argue that since the "conservatorship" was ongoing and begin from the moment it ended? Of course this could all depend on the state.
Not an area I would like to get into. Seems too murky.
Posted on 8/14/23 at 12:30 pm to lsufball19
quote:
The SOL on fraud, which is essentially what he's alleging, starts to toll when the person defrauded knew or should have known of the fraud. That's going to be a tough road to hoe for something that happened almost 20 years ago, which is when this "conservatorship" was entered into. It's more likely that Oher is SOL even if his claim does have merit than the Tuohys being fricked.
Also, as an aside, the Touhys were already rich before that movie ever came to pass. They made all their money in real estate and taco bell franchises, not from the movie
To my knowledge, the statute of limitations resets every time that the Tuohy's get a check. I may be wrong on that.
My "fricked" comment is if this goes to a civil trial with a jury.
Posted on 8/14/23 at 1:13 pm to lsufball19
quote:
The SOL on fraud, which is essentially what he's alleging, starts to toll when the person defrauded knew or should have known of the fraud. That's going to be a tough road to hoe for something that happened almost 20 years ago, which is when this "conservatorship" was entered into. It's more likely that Oher is SOL even if his claim does have merit than the Tuohys being fricked.
Downvoted for confusing me with two different SOLs in same paragraph.
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