The Legal Geeks share what Robin Williams meant to each of them.
Hulk vs Iron Man’s Duty to Warn & Rescue
Marvel’s Hulk vs Iron Man issues 3 and 4 focus on the Hulk seeking his style of “justice” on Tony Stark for “sabotaging” the Gamma Bomb that turned Bruce Banner into the Hulk. The Hulk’s “justice” was all out revenge, looking like premeditated murder.
Tony Stark’s story arc focused on remembering what he exactly did on the Gamma Bomb, as he suffered a memory black out from one of his alcoholic binges. This arc quickly gives way to trying to stay alive after the Hulk found Stark.
Let’s smash the legal issues in Hulk v Iron Man.
Did Tony Stark Have a Duty to Rescue the Citizens of Troy?
In issue 3 of Hulk vs Iron Man, Tony Stark had protective shells encapsulate citizens of his weaponized city of Troy in China and take them to safety when the Hulk attacked.
While there is a strong argument that floating away in a protective bubble is kidnapping, Stark could claim he had a duty to rescue the people of Troy from the Hulk.
There is no general common law duty to rescue someone unless there is a special relationship. Rhodes v. Illinois Cent. Gulf R.R., 172 Ill. 2d 213, 232-233 (Ill. 1996). In the case of Tony Stark, he could argue he had a special relationship with the people of Troy on the following grounds: 1) those in the city were his invitees, thus Stark had a duty to protect them from harm; 2) Stark weaponized the city, thus creating potential harm to the people in a fight, thus requiring an escape system for them; 3) the fact Troy was Stark’s city meant Stark had a governmental duty to protect the people living in the city.
Did Tony Stark Have a Duty to Warn Bruce Banner About the Gamma Bomb’s Design Defects?
Hulk vs Iron Man is one of the few comic stories with drunk emailing. Tony Stark dictated an email to Bruce Banner regarding two design defects Stark found in the Gamma Bomb.
Tony Stark discovered that Bruce Banner added too much shielding on the Gamma Bomb. This would have caused the gamma explosion to build to a higher level of pressure, resulting in an explosion would be 4 or 5 times bigger. Banner’s attempt to make the bomb have a smaller explosive yield would have made it “apocalyptic.” Stark thought the blast would have even killed the observers. As such, Stark added venting to lesson the size of the explosion.
Stark further warned the bomb could change biomatter and that Banner should investigate.
Unfortunately, Banner did not read his email out of pride.
The Duty to Warn of Defective Design
New Mexico law states “there is no duty to warn of dangers actually known to the user of a product, regardless of whether the duty rests in negligence under § 388 Restatement (Second) of Torts (1965) or on strict tort liability under § 402A Restatement (Second) of Torts, supra. Jones v. 3M, 100 N.M. 268, 273 (N.M. Ct. App. 1983).
The law further states that a “supplier has no duty to warn of risks which he can reasonably expect to be obvious or known to foreseeable users of the product.” Jones v. 3M, 100 N.M. 268, 273 (N.M. Ct. App. 1983).
The Gamma Bomb could legally be found to have a defective because the “risks… outweigh benefits so far that no warning could provide adequate protection for the consumer.” Michael v. Warner/Chilcott, 91 N.M. 651, 657 (N.M. Ct. App. 1978). Moreover, the test for a defective design is “whether the product is unreasonably dangerous to the user or consumer or to his property.” Id.
The Army wanted a bomb that could destroy a city, not a bomb that could turn people into rage infused monsters. In either case, the Gamma Bomb’s risks would outweigh its benefit and make it unreasonably dangerous. The purpose of a bomb is to destroy, not create augmented human weapons of mass destruction that could be used against the United States.
Tony Stark’s warning to Bruce Banner was not just the morally right thing to do, but the correct legal action. Stark was paid $500,000 and 2 Bottles of 25 year-old Scotch to conduct a “supervisory examination” of Banner’s Gamma Bomb (a product for the government). Stark’s one day contract would have required him to disclose any dangers he found by the nature of conducting a “supervisory examination.”
Stark found the shielding defect which would have made the explosion larger and the then unknown risk of Gamma Radiation changing biomatter. Neither of these risks were obvious to Banner. As such, warning Banner of a design defect and an unknown risk would have put Banner on notice to conduct his review of the Gamma Bomb before detonating the device.
Bruce Banner’s failure to read his email about the Gamma Bomb put him in the unenviable legal position that his failure to read Tony Stark’s warning meant he had notice of the danger of the Gamma Bomb, but ignored the warning.
Gerry O’Brien on Xandar-Kree Politics & Guardians of the Galaxy
New York political consultant Gerry O’Brien and attorney Josh Gilliland have both read Marvel comics for years. Both discussed possible political reasons for the Xandar-Kree Peace Treaty, their thoughts on Guardians of the Galaxy, and classic sci fi comic book heroes Captain Mar-Vell and Adam Warlock.
And yes, the post credits scene is discussed.
The Legal Geeks’ Awesome Mix Tape Volume 2
Okay, if you asked me to put together an awesome mix tape of songs released in 1988 or years earlier, this would be my mix tape for you (I’ll give a copy to Star Lord for Guardians II as well).
Who Owns the Infinity Stone from Morag?
Star-Lord is introduced in Guardians of the Galaxy landing on the “abandoned planet” Morag. In an homage to Raiders of the Lost Ark, Star-Lord finds the Infinity Stone behind a locked door and suspended in a field of energy.
The immediate legal issues: Did Peter Quill, aka Star-Lord, commit burglary on Morag? If so, who was Star-Lord stealing from?
Burglary at common law was breaking and entering into the dwelling of another at night with the intent to commit a felony. Modern statutes now define burglary as any building and it does not have to be at night. See, Black’s Law Dictionary iPad App, 9th Edition.
Larceny is the unlawful taking of someone else’s personal property. Id.
Peter Quill effectively picking the lock to the vault with the Infinity Stone meets the modern definition of burglary, because he entered the locked vault with the intention of taking the Infinity Stone, which would be larceny, thus meeting the felony requirement of burglary.
While the common law elements for both crimes are meet, there is a huge defense that potentially makes committing each crime impossible: Morag was abandoned. Meaning all of the property on the planet was also abandoned.
Abandoned property is property that the owner voluntarily surrenders or disclaims. Id. A person who finds abandoned property is entitled to keep it. See, Michael v. First Chicago Corp., 139 Ill. App. 3d 374, 382, 487 N.E.2d 403, 409 (1985).
In the case of Morag, it appeared everyone on the planet had been dead for a long time or left for another world. The Infinity Stone was neither lost or mislaid, but left in the vault of an abandoned planet.
As the planet Morag was abandoned, so goes for all claims of property on the planet. As such, Star-Lord could not have committed either burglary or larceny, because the Infinity Stone was also abandoned on Morag. As the finder of abandoned property, the Infinity Stone was rightfully Star-Lord’s property.
Conversely, Korath the Pursuer and his men committed attempted robbery on Star-Lord when they tried to take the Infinity Stone by force.
What Legal Issues Are in Guardians of the Galaxy?
Guardians of the Galaxy is not just an adventure in spotting Easter Eggs across the Marvel Universe, but the law as well.
What parental rights are at issue with Star-Lord’s father? What crimes has the Collector committed? Could Thanos adopt Gamora and Nebula?
Jessica and Josh take the Milano into the deepest regions of the galaxy to explore these issues and more.
Thanos, What to Know Before You Adopt
Thanos, the Mad Titan, adopted both Gamora and Nebula as part of the back story in Guardians of the Galaxy. In a powerful demonstration of how NOT to act in the best interests of a child, Thanos adopted both children after killing their families.
In further proof of telling a child “I love you just the way you are,” both Gamora and Nebula were physically altered, including bionic implants in Nebula. Both were taught how to be assassins, including the use of swords and firearms.
Great example on how NOT to be Dad of the Year.
What to Know Before You Adopt
“Adoption” is the creation of a parent-child relationship by two parties who usually are unrelated. Adoption legally creates all of the rights of being a parent and child, from the responsibilities of a parent and intestate succession. See, Black’s Law Dictionary App, 9th Edition. Each state has its own set of laws on adoption.
There is no way any judge on Earth would have permitted the adoption of either Gamora or Nebula by Thanos. The giant reason is Thanos killed the families of both women while they were children. While it was true that both young women were orphans, no judge will give custody to the person who murdered the biological parents.
Granted, the only reason Thanos was physically successful in adopting Gamora and Nebula was he destroyed their worlds and respective legal systems.
Generally speaking, someone is suitable to adopt a child if: 1) They are at least 10 years older than the child; 2) Will treat the child as their own; 3) Will support and care for the child; 4) Has a suitable home for the child; 5) Agrees to adopt the child. (See, California ADOPT-200 Adoption Request and CA Family Code 8600-8622).
No Court Investigator will find a floating asteroid as a suitable home for a child. Moreover, living on an asteroid likely does not have the support and care a child needs for proper development, to say nothing of socialization. Furthermore, subjecting a child to bionic implants and weapons training could in no way be in their best interests. The bionic implants would be a form of child abuse through unnecessary medial experiments. The weapons training would child endangerment where a child could actually lose an eye.
Thanos would quickly be rejected as suitable parent to adopt any child. The denial of his adoption application would likely result in the destruction of the courthouse, so best to have the Avengers, Adam Warlock, Captain Mar-Vel, and SHIELD on hand. It would also be wise to have the children appear remotely for the hearing, so they would be safe in the event of violence.