Lorelei’s Song of the SHIELD Paramour

For the record, it would be great for Jaimie Alexander/Lady Sif to have her own adventures on Netflix. Give her a series or mini-series.

LadySif_PrimeTimeThe “Yes Men” on Agents of SHIELD effectively was the story of a bossy sorceress paramour who was defeated by a magic muzzle.  Probably not the intended message.

It also sent the message if you a man facing an alien woman who can make you her slave with her voice, shoot her before she can talk. That is not the time to be the Constitutionally following gentleman for arresting someone. Shoot first. You are in immediate danger.

That aside, Lorelei went across Nevada, casting a spell on one new husband to abandon his wife at a gas station and then capturing the affections of the married leader of a biker gang in order to build an army. Many other men were forced to do Lorelei’s bidding by her bewitching voice and touch.

What causes of action could the two wives have against Lorelei? Let’s explore the 9 Realms for the legal answers in Nevada.

Sif_Muzzle_ReallyWhat’s NOT Legal in Nevada

Both wives could try to sue for alienation of affections (assuming Rosie was not killed by Rooster and merely knocked out). And they would fail.

Alienation of affection is when a third person successfully plays for or with the affections of the spouse of another. A plaintiff must prove that the “affections of the spouse were actually alienated from plaintiff by the wrongful acts or conduct of the defendant, and that defendant had knowledge of the marital relationship.’ Koenig v. Corcoran, 199 F.2d 37, 38-39 (9th Cir. Mont. 1952).

Lorelei  is the poster girl for alienating the affections of husbands towards their wives with her magical powers. Moreover, she knew the men were married and purposely exerted her control over them with the intent to alienate their wives.

Unfortunately for Lorelei’s victim wives, while Nevada has many things that are legal that would be illegal in another state, the cause of action of alienation of affection is against Nevadan public policy because it had been abused. Nev. Rev. Stat. Ann. § 41.370.

Sif_PublicPolicyNevada would recognize a judgment from another state that allowed a claim of alienation of affection under the Full Faith and Credit Clause of the Constitution, but the story took place only in Nevada. Burdick v. Nicholson, 100 Nev. 284, 285-286 (Nev. 1984).

On the Wings of the Valkyrie

Lorelei could be defeated by the well-recognized cause of action for loss of consortium. Both Plaintiff-Wives would need to prove that Lorelei:

Injured the Victim Husbands;

The loss of the enjoyment of sexual relations with the husbands [or the ability to have children].

5-39 California Forms of Jury Instruction 3920.

The first wife will have a higher chance of recovery, because Lorelei physically hit the husband, launching him a large distance and colliding with a car. If he died, this would eliminate the ability to have children and total loss of sexual relations under the law. Alternatively, if the husband was just horribly injured (such as paralyzed), damages would include the husband’s loss of earnings, the cost for medical care and even the cost of domestic household services the injured husband would have performed.

Sif_Depo_8720The Biker “Rooster” was in slightly different situation, in that he was only knocked unconscious by Ward in the biker fight. However, Rooster could have a claim against Lorelei if he could establish that Rosie was killed by under duress caused by Lorelei, thus Rooster loss of consortium with Rosie (assuming Rooster killed Rosie).

A Fable of Old, Through it Streaming, Allows My Mind No Rest*

Civilly suing Lorelei would be highly problematic, because 1) her testimony could sway any male judge, attorneys, or jurors, so the entire trial would need to be heard by women; Men would have to testify remotely; 2) Lorelei likely does not have any gold she acquired in the past, making her insolvent; 3) Asgard would be the “deep pocket” to sue for Lorelei’s escape, which might not work, as the attack by the Dark Elves would be a circumstance beyond the control of Asgard. Moreover, Asgard would likely not waive diplomatic or sovereign immunity, plus service of process on Asgard would be very challenging.

*English translation of Die Lorelei

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Josh Gilliland

Josh Gilliland is a California attorney who focuses his practice on eDiscovery. Josh is the co-creator of The Legal Geeks, which has made the ABA Journal Top Blawg 100 Blawg for 2013 to 2016, and was nominated for Best Podcast for the 2015 Geekie Awards. Josh has presented at legal conferences and comic book conventions across the United States. He also ties a mean bow tie.