Stephen Colbert Sued Over Possession Of Captain America's Shield

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Posted by G-Man (34944 posts) - - Show Bio
You might recall after the death of Captain America, Marvel editor-in-chief decided to give possession of Captain America's shield to the one and only Stephen Colbert.  As you know, Captain America is currently being...'reborn.'  With his inevitable return, it is now being demanded that Stephen Colbert should relinquish the shield back to its previous owner.  A writ of replevin has been issued to Mr. Colbert dated October 20, 2009 by Robt Seda-Schriber on behalf of Cap.

A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held by a designated official, under order and supervision of the court. This type of writ is commonly used to take property from an individual wrongfully in possession of it and return it to its rightful owner.
In 2007, upon the supposed "death" of Captain America, his shield was given to Mr. Colbert by Marvel Comics Editor-in-Chief, Joe Quesada. 
 
 [R]eports of his death were greatly exaggerated in the first place. It was under this false pretense that Mr. Colbert was “bequeathed” said shield, so it would follow that the good Captain’s shield be returned to him post-haste. 

To read more on why Mr. Seda-Schreiber has decided that now is the time for this action, click HERE.  To my knowledge, there has not been an official comment from Stephen Colbert.
 
To read the writ of replevin, click on the image to the left.
 
Despite the fact that Joe Quesada gave the shield to Colbert, stating that Steve Rogers bequeathed it him, do you think Colbert is required to give it back?  Do you think Colbert will be negotiate its return or will this have to go to court?
Staff
#1 Posted by Psychotime (623 posts) - - Show Bio

This is a joke, right?

#2 Posted by Jotham (4564 posts) - - Show Bio

Publicity stunt.

#3 Posted by Jotham (4564 posts) - - Show Bio

Unless there actually is a "Circuit Court of the Marvel Universe"

#4 Posted by The Wind-Stalker (64 posts) - - Show Bio

u got to be kidding me
#5 Posted by jloneblackheart (5520 posts) - - Show Bio

Let's hope Colbert has been training with it, he'll need to use it properly if he wants to keep it.

Moderator
#6 Posted by Brutopian (9 posts) - - Show Bio

I don't know if this is real or not but i can't wait to hear what he has to say about this on the show.
 
I can only imagine a Captain America costume-clad Jeff Goldblum taking his shield back. (law and order CI, tuesdays at 9 on USA)

#7 Posted by VicRattlehead (41 posts) - - Show Bio

will sheriff nick fury be taking the shield back of mr colbert?

#8 Posted by Harlekin (681 posts) - - Show Bio

It's Civil War all over again. It's going to be cool when they try to tranq Colbert then he jumps off the Helicarrier onto a jet. Then the tragic end. Nooooooooooo!!!!

#9 Posted by Satyrquaze (4542 posts) - - Show Bio

I'm pretty sure Mr. Seda-Schreiber is an agent of Hydra.     
#10 Posted by aouric (188 posts) - - Show Bio
@Harlekin: HA! I can really envision that happening! LOL!!
#11 Posted by Niko (34 posts) - - Show Bio

Cap still has a couple of months before he's actually back. If Colbert does give it back, I suspect it would be to whoever they announce as Steve Rogers for the Captain America movie. Heck, it'd be a neat way to announce the actor.

#12 Posted by Agent Buttons (13479 posts) - - Show Bio
wow
#13 Edited by Vance Astro (91260 posts) - - Show Bio

This is f#ckin stupid.Just make another shield.

Moderator
#14 Posted by strangeling (180 posts) - - Show Bio

There's only one lawyer that can possibly handle this case, since it involves the marvel universe and the real world: Jennifer Walters.

#15 Posted by Abnormally Warm Guy (1297 posts) - - Show Bio
@Vance Astro: MAKE ANOTHER SHIELD! DO YOU KNOW HOW MUCH VIBRANIUM COSTS? Cap's not made of money!
#16 Posted by Satyrquaze (4542 posts) - - Show Bio
@strangeling: 
 
Matt Murdock, surely.
#17 Posted by LawStudent_Deadpool (1 posts) - - Show Bio

  All fake "writ of replevins" aside, this is how I would argue for Mr. Colbert...
 
Under contract law, assuming this was not a gratuitous promise made my Joe Quesada, there would have to be sufficient "consideration" to argue that Mr. Colbert could keep the shield. Basically, quid pro quo, this for that.
 
Not sure of the exact exchange between the two of them, but I think it could be argued that Mr. Quesada received sufficient consideration in the form of publicity for Marvel and the "death of Capt. America" issue. Basically, publicity in exchange for the shield.
 
Mr. Colbert could also try to argue Promissory Estoppel if he could prove he relied on having the shield for future shows. 

#18 Posted by Vance Astro (91260 posts) - - Show Bio
@Abnormally Warm Guy said:
" @Vance Astro: MAKE ANOTHER SHIELD! DO YOU KNOW HOW MUCH VIBRANIUM COSTS? Cap's not made of money! "
Cap didn't make the first one.Black Panther better come up off that metal.
Moderator
#19 Posted by Aronmorales (9434 posts) - - Show Bio

Can't wait to see this on the report.

#20 Posted by goldenkey (2927 posts) - - Show Bio

Where the hell is going?  This has to be a joke.  Indian giver???
#21 Posted by DEGRAAF (7886 posts) - - Show Bio

they should melt his sheild down and use the metal to create a new, more advanced sheild for his rebirth
#22 Posted by Aronmorales (9434 posts) - - Show Bio
@DEGRAAF said:
" they should melt his sheild down and use the metal to create a new, more advanced sheild for his rebirth "
That actually doesn't sound like a bad idea...
#23 Posted by No_Name_ (17403 posts) - - Show Bio

Hilarious! I love the guy that signed the bottom of the "writ of replevin." Very nice.

#24 Posted by zombietag (1494 posts) - - Show Bio

give me a break, just let him keep it

#25 Posted by inferiorego (25483 posts) - - Show Bio

I hope Colbert smashes Joe Q.

Staff
#26 Posted by Jotham (4564 posts) - - Show Bio
@Niko said:
" Cap still has a couple of months before he's actually back. If Colbert does give it back, I suspect it would be to whoever they announce as Steve Rogers for the Captain America movie. Heck, it'd be a neat way to announce the actor. "
That's a great idea. Someone call Marvel!
#27 Posted by cyn (1 posts) - - Show Bio

This is very funny! 

 
For Law Student, Mr. Quesada would have to show that it was his shield to give. 
 
For Goldenkey - pilgrim giver    

#28 Posted by UnsolvedParadox (262 posts) - - Show Bio

For the pro wrestling fans out there, this is what we call a "work"...

#29 Posted by ryanwh (373 posts) - - Show Bio

Clearly a bit setup.

#30 Posted by AirDave817 (817 posts) - - Show Bio
@Niko said:
"Cap still has a couple of months before he's actually back. If Colbert does give it back, I suspect it would be to whoever they announce as Steve Rogers for the Captain America movie. Heck, it'd be a neat way to announce the actor. "

That should be the payoff to this! Steve Rogers comes back, and they announce who's been cast for the Captain America film on the Report, Stephen presents him with the shield ~ bada-bing, bada-boom! otherwhise this whole thing is just dumb.
#31 Posted by Bruce Vain (1869 posts) - - Show Bio

Ha Ha Ha Ha
#32 Posted by Aronmorales (9434 posts) - - Show Bio
@AirDave817 said:
" @Niko said:
"Cap still has a couple of months before he's actually back. If Colbert does give it back, I suspect it would be to whoever they announce as Steve Rogers for the Captain America movie. Heck, it'd be a neat way to announce the actor. "

That should be the payoff to this! Steve Rogers comes back, and they announce who's been cast for the Captain America film on the Report, Stephen presents him with the shield ~ bada-bing, bada-boom! otherwhise this whole thing is just dumb. "
Exactly how they should do it.
#33 Posted by PrinceIMC (5422 posts) - - Show Bio
@Niko said:
" Cap still has a couple of months before he's actually back. If Colbert does give it back, I suspect it would be to whoever they announce as Steve Rogers for the Captain America movie. Heck, it'd be a neat way to announce the actor. "
I was just gonna say the same thing. And then they gotta give Stephen a cameo in the movie.
#34 Posted by Moomin123 (2205 posts) - - Show Bio

If Mr. Colbert can't own the sheild, then who can? Will it go to a museum or something?

#35 Posted by The Psyentist (17732 posts) - - Show Bio

BAHAHA.
 
Captain America needs his shield!

#36 Posted by Emperor Gonzo Noir (19714 posts) - - Show Bio

Colbert is the only one to own the shield. NO GIVESIES BACKSIES!
#37 Posted by ClockworkDrago (102 posts) - - Show Bio

wow the line between marvel and reality be wearing thin 

#38 Posted by danhimself (22578 posts) - - Show Bio

I just can't believe that there are people making comments like "this has got to be a joke" and "publicity stunt".....of course it is!!!!!!

#39 Posted by inferiorego (25483 posts) - - Show Bio
@danhimself said:
" I just can't believe that there are people making comments like "this has got to be a joke" and "publicity stunt".....of course it is!!!!!! "
I'm taking this as science fact.
Staff
#40 Posted by danhimself (22578 posts) - - Show Bio
@inferiorego said:
" @danhimself said:
" I just can't believe that there are people making comments like "this has got to be a joke" and "publicity stunt".....of course it is!!!!!! "
I'm taking this as science fact. "

2 * 5 (4/3 -6)  + n =  Captain America's Shield?
#41 Posted by inferiorego (25483 posts) - - Show Bio
@danhimself said:
" @inferiorego said:
" @danhimself said:
" I just can't believe that there are people making comments like "this has got to be a joke" and "publicity stunt".....of course it is!!!!!! "
I'm taking this as science fact. "
2 * 5 (4/3 -6)  + n =  Captain America's Shield? "
I don't understand numbers because I am stupid.
Staff
#42 Posted by danhimself (22578 posts) - - Show Bio
@inferiorego said:
" @danhimself said:
" @inferiorego said:
" @danhimself said:
" I just can't believe that there are people making comments like "this has got to be a joke" and "publicity stunt".....of course it is!!!!!! "
I'm taking this as science fact. "
2 * 5 (4/3 -6)  + n =  Captain America's Shield? "
I don't understand numbers because I am stupid. "

it's ok just use your fingers and toes
#43 Posted by Decept-O (7279 posts) - - Show Bio

He'd better give the shield back to Cap or Cap will beeyotch-slap Stephen Colbert  into the Negative Zone, writ of replevin or not.  Ha, this is funny stuff!  
Love the fact more "mainstream" media is giving attention to comic book characters.
#44 Posted by robert.bernal (13 posts) - - Show Bio

Just hyping up the reborn thing.
#45 Posted by InnerVenom123 (29501 posts) - - Show Bio

Nice joke. lol.
#46 Posted by Comiclove5 (1258 posts) - - Show Bio

LMAO! 
#47 Posted by ARMIV (4140 posts) - - Show Bio

...he-he..hahaha..hahahoho...hahahehohoHAHAHAHAHAHOHOHOHOHEHEHEHEHAHAHA!!!!

#48 Posted by joshmightbe (24897 posts) - - Show Bio

i would say its a joke but we all know how much joe q hates people being happy

#49 Posted by HaloKing343 (1252 posts) - - Show Bio

Ha ha... good stuff

#50 Posted by ninjadude853 (270 posts) - - Show Bio

WHAT THE ****!?! 
 
sry, but it was GIVEN TO HIM, you can't sue someone over something you gave to someone
 
is this disney bullshit?

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