We’re not entirely certain why Captain America was on trial, or whether this was the same Captain America from the good old days of comics. Nevertheless, depicted above is the cover of Captain America #613, published only a few months ago in February of 2011.  The secret identity of the Captain America we all knew growing up was Steve Rogers.  Apparently, somewhere along the way, that Captain America’s sidekick, Bucky, replaced the original Captain America, but not before moonlighting as a Russian hitman during the Cold War when the original Captain America thought he was dead.  It’s his actions as a Soviet agent that caused him to be on trial.  That’s confusing (although we wonder if there was a motion in limine on whether he could wear his costume at trial).

We’ve received a number of responses regarding last week’s tribute to the late sax player Clarence Clemons of Bruce Springsteen’s famed E Street Band.  Friend of the blog Steve McConnell of the Drug & Device Law Blog emailed us: “You guys did a great post on the passing of Clarence Clemons. For a guy like me who grew up in Jersey in the ’70’s, the Big Man’s death is traumatic. It really feels like a body blow and is, of course, yet another grim reminder of mortality. I’m a neolithic fan of the Boss. For me, it never got better than Born to Run. That album reached operatic heights, and Clarence was a big reason why.”

The Ernie the Attorney blog has an interesting post about the mobile practice of law and the perils of simplicity and security. Says he: “I wouldn’t use free WiFi at a coffee shop to do anything related to client matters. Maybe I shouldn’t have back then, but in 2005 we didn’t have as many hacking incidents as we do now. When you see hackers attacking major companies like Sony and Sega, and even major governmental agencies like the Department of Defense, then you become aware that it’s a little dangerous to be cavalier about how you use the Internet. What’s a mobile simplicity-seeking lawyer to do?”

Congratulations to our own Stuart Mauney, who was recently designated the state chair of the Council on Litigation Management. You can see the news coverage here, and you can follow Stuart on Twitter at @stuartmauney.

We here at Abnormal Use are huge fans of Bruce Springsteen and the E Street Band, so of course, we were saddened to learn of the death last weekend of Springsteen’s long time friend and saxophone player, Clarence Clemons.  Our firm boasts many Springsteen fans, from newly minted admirers to some who saw the Boss and Clemons back in the 1970s.  Whenever Springsteen and the E Street Band play the Southeast, our firm sends a contingent of folks to bear witness. In light of our great fondness for Springsteen and Clemons, we thought we would share a few memories of Clemons.

Shareholder and Blog Author Phil Reeves:  “My second concert with Bruce was in Atlanta in 1978 at the Fox Theatre in Atlanta. I had tickets on the fifth row, and he had rescheduled because he was sick, and it was broadcast on the radio. He played four hours, and he and Clarence did the best version of “Backstreets/ Sad Eyes” ever.  He has never repeated it.  I remember being blown away and understanding that this was music at its most powerful level. I have never forgotten a single note and can not imagine a better show ever. Clarence was amazing. This was he and Bruce at their best, and it was obvious that they were not only fellow musicians, they were also best friends. It was quite a show.  When it was over, we just sat there in awe. I still have the tapes and they are among my most precious possessions.”

Thanks to the power of the Internet, we were able to locate the setlist to that September 30, 1978 show.

Paralegal Stephanie Ayers:  “My memory would be the concert in Greenville in September ’09 when Phil Reeves’ daughter, Michelle, made the huge poster which said ‘Welcome to Greensteen.’  We were only a couple of rows from Clarence and when he spotted the poster, he smiled his big smile and pointed it out to Bruce. They both keep pointing to the poster and smiling our way and then they motioned for Little Stevie to get the poster and bring it to them. Then they held it up and it was on the big screen behind the band for their last song.  What a great moment.”

If we here at Abnormal Use are anything, we are quick with our iPhones, and we caught a quick picture of the very moment Stephanie is describing, with Little Stevie holding the sign in question while Clarence sits in the foreground. See below for that photo.  The set list for that September 16, 2009 show at Greenville’s Bilo Center can be found here.

Did you know that in one of the character’s earliest incarnations, Captain America was a district attorney by day? That’s right. In the 1944 Republic film serial Captain America (a promotional poster for which appears above), actor Dick Purcell played Cap, whose secret identity was prosecutor Grant Gardner. (This is a bit different than the modern version of Captain America, whose alter ego is non-lawyer Steve Rogers.).  Cap and Gardner primarily battled the nefarious villain known as The Scarab. The serial, which was apparently popular, was the first and only time Purcell would play the character, as Wikipedia tells us that he died before its official release. This information is relevant, of course, is relevant as this July will see the release of a new Captain America film with actor Chris Evans as Cap.

Headline of the week: “Studying for the Bar Exam? Despair May Stalk You.” Thanks for that, Lawyerist.

We here at Abnormal Use sometimes kind of dig the archaic complexities of the Blue Book book, but we are certainly agree with David S. Cohen of The Faculty Lounge, and his post “Complete Nonsense: The Blue Book’s Requirement for The Year of a Statute.” That particular rule we’ve never really understood (or followed much, for that matter).

After our own Nick Farr’s piece earlier this week on the new Dunkin’ Donuts sweet coffee lawsuit, how could we not link this story from Findlaw’s Legal Grounds blog about a group of Massachusetts robbers who inadvertently stole a bag of donuts instead of a bag of cash? Please submit your own donut or coffee related robbery puns for our review.

Sometimes we here at Abnormal Use find ourselves nostalgic for the 1980s, and no wistful fondness for that long gone era is complete without reference to Berke Breathed’s “Bloom County” comic strip. It’s been years since we’ve seen or read the exploits of Opus the Penguin and Steve Dallas, so we were pleasantly surprised when friend of the blog Ryan Steans forwarded along a link to the comic strip above, originally published way, way back in 1986 and dedicated to the American legal landscape of the time. Enjoy.

Remember the John Grisham novel, “The Firm,” which ultimately became a big budget Hollywood flick starring Tom Cruise and directed by the late, great Sydney Pollack back in the early 1990s? Well, it’s coming to television, folks, and not as a simple remake of the book. Instead, actor Josh Lucas will pick up where Cruise left off and star as Mitchell McDeere, the lawyer who discovered that his perfect law firm job was actually a mob law firm. Reports indicate that the series will be set more than a decade after the events depicted in the film. (Incidentally, we noted back in February that 2011 marks the 20th anniversary of the publication of Grisham’s book.).

Okay, so Chuck Norris had an editorial in last week’s Wall Street Journal about lawsuit abuse? How did we miss that? Read it here. (Hat Tip: Overlawyered).

Kudos to Mike Frisch at the Legal Profession Blog for working in an Ingmar Bergman reference into the title of this post about the New Jersey Supreme Court’s recent censure of an attorney. If you didn’t know already, we here are big Bergman fans. It makes sense that lawyers would like bleak, existential films, right?

Landlord tenant law can be very interesting sometimes. Get this: The Letters of Note blog recently published this 1975 letter from Bruce Springsteen to his landlord in which The Boss apologizes for his late rent. This letter was written just a short time before the release of his epic album, Born to Run. Check it out.

Prior to this week, we were unaware that there is a Capcom video game called “Phoenix Wright Ace Attorney.” (Despite our obvious nerdiness, our video game knowledge is actually fairly limited, and the last video game cartridge we recall purchasing was “Mike Tyson’s Super Punch-Out!!” back in ’88). Whatever the case, the “Phoenix Wright” game has its own comic book spin-off.  Depicted above is the second issue of Phoenix Wright Ace Attorney, published not too long ago in 2009. We must thank one of our dear readers for alerting us to this title, which is in the news this week because of a live action movie in development to be directed by Takashi Miike. According to the Comics Alliance website, in the original video game, “[p]layers take the role of rookie defense lawyer Phoenix Wright in a system where you defend your clients by gathering clues and present evidence to reveal lies and contradictions in witness testimony.” We wonder if there are extra points for exceeding monthly billable hour requirements.

Over on Twitter, Stephen Colbert tweets a possible revision to the Federal Rules of Evidence: “If a witness doesn’t want to answer truthfully, I say he should have the option to take the dare instead.”  At the very least, we think that thought should be cited in the commentary to the rules.

Quote of the Week: “It’s refreshing to find a show that can demonstrate to litigation-happy America that it’s possible, even desirable, to amicably resolve disputes without going to court.” (Radley Balko, “Fairly Legal,” Reason, June 2011 issue). Balko, of course, is referring to the USA Network series starring Sarah Shahi, which debuted in January and which was recently renewed for a second season. Revisit our January interview with the show’s creator, Michael Sardo, here. Sadly, as we noted previously, Sardo is now out as showrunner on “Fairly Legal” and the show will now be administered by a new steward. (Hat Tip: Overlawyered).

Earlier this week, Brian Comer posted an update to his site on the South Carolina tort reform bill and punitive damages caps.

Friends of the blog James Daily and Ryan Davidson of The Law and the Multiverse blog (who we interviewed here back in March) have been invited to host an online CLE. We now know how we here will meet our hours this year.

With all the confusion about whether or not Superman is a state actor, we wonder whether or not he should be the one questioning an imprisoned Lois Lane in jail about her guilt or innocence in an apparent counterfeit license plate making scheme. Such is the dilemma posed on the cover of Superman’s Girlfriend Lois Lane #6, depicted above and published way back in 1959. Surely, though, with her knowledge of Superman and the Justice League, Lois could have found a more interesting – and more profitable – criminal enterprise than phony license plates. (Our favorite part: Note the stern face of the prison guard who is apparently glowering at the convict Lois.).

Earlier this year, we interviewed Hollywood showrunner Michael Sardo, the creator of USA’s dramady “Fairly Legal,” a show about a former lawyer turned mediator. Well, according to this post at Deadline Hollywood, it appears that the series is being creatively reworked for its upcoming second season and Sardo will no longer be as involved with the series. (Check out the full transcript of our interview with Sardo here.).

Over at The Business Law Prof Blog, Joshua P. Fershee pauses to reflect upon how some courts have referenced Bob Dylan’s lyrics in their opinions. Don’t forget: It was Dylan’s 70th birthday this past week. We can’t say we’ve ever encountered a court quoting Dylan lyrics, though again, we simply must direct you to the Fifth Circuit’s Talking Heads opinion from way back in 1987. (Oh, and for more Bob Dylan, since this recent blog piece from The New York Times ArtsBeat blog which revisits a 1966 interview with Dylan).

For fans of The Social Network film, Jim Pattilo has a post at the DRI Today blog entitled simply: “End of the Line for Winklevoss Twins in Facebook Appeal.”

Don’t forget: You can follow Abnormal Use on Twitter at @gwblawfirm. (In fact, check out our GWB 2.0 website for all of our social media endeavors as a blog and law firm.).

Ah, trials. We dig them, but we can’t say that we’ve ever objected to an opponent’s question on the grounds that the attorney is attempting to confuse a client, particularly when the question at issue is as stratightforward as “Have you ever heard the word ‘school-house’?” In our mind that question does not prompt confusion or puzzlement, but such is the objection made by the attorney on the cover of the above referenced issue of Crime Detective Comics. Isn’t it just a yes or no question? Oh, well.

Our home office is in South Carolina, and we just opened an office in Charlotte, North Carolina, so we are always mindful when North Carolina makes legal news. So, when we saw the headline “North Carolina’s Rare Burger Ban Makes Red Meat Illegal” over at Overlawyered, we couldn’t help but investigate.

Friend of the blog Evan Schaeffer over at Beyond the Underground analyzes the issue of email spam directed at lawyers. We are sympathetic to his plight, as we are often deluged with unsolicited commercial email.

Today is the second anniversary of the birth of Brian Comer’s South Carolina Products Liability Law Blog, which ran its first four posts on May 20, 2009. Check out Brian’s first “Welcome!” post here. Happy birthday!

We’re big fans of the Findlaw Legal Grounds law blog, and so, we simply couldn’t resist pointing this story abot a Michigan man, clad as Batman of all things, who was apprehended by authorities while hanging from a roof. Criminal proceedings have been instituted against him, but will there be litigation?

• Depicted above is the cover of Justice #24, published way, way back in 1951. As you can see, it’s a very, very busy cover promising “true cases proving crime can’t win” and that “every case [is] taken from real life.” Apparently, the criminal defendant in question is incensed – and being restrained by the bailiff – while he charges that the witness on the stand is attempting to frame him for murder. Our trials are never like that.
• Lawyerist tells us how to avoid answering phone calls. This is good advice. Especially on a Friday, as today.
• Findlaw’s Legal Grounds blog has this story: “Thieves Return Superman Historical Marker.” We’re glad they found a conscience, although we hope the Justice League was somehow involved in the return of this plaque. We may never know.
• How might the iPad forever change our judicial system? Steven Farrell at The Mac Lawyer may have the answer.

• It’s Friday, so as per usual, we bring you legal themed comic book issues. We’re a bit troubled by the revelation in Action Comics #900, issued late last month, in which Superman appears to renounce his American citizenship. How can a comic book superhero so closely associated with the United States of America do such a thing? We’re puzzled. We’re crestfallen. The only other person we can think of offhand who attempted to renounce his American citizenship was Lee Harvey Oswald. That’s not good company. What is Supes thinking? How does this affect the citizenship of Clark Kent? What does Lois think about this decision? Friend of the blog Ryan Steans offers his analysis here, while our pals at The Law and the Multiverse blog analyze the legal issues here.
• Like many, we’re fans of the late, great novelist David Foster Wallace who, sadly, took his own life two years ago. Just a few weeks ago, Wallace’s last, unfinished novel, The Pale King, saw publication. We’re thankful that one of our readers writes in to report of a products liability lawsuit reference in Wallace’s mostly complete tome:
  

  Your readers may be interested in an amusing products liability case which appears in the recently published posthumous novel The Pale King by David Foster Wallace. On pp 200-207, a case is described in which a man’s arm is trapped in the doors of a subway train he is trying to catch, the fatal injuries that result, and the subsequent wrongful death litigation. That litigation is described as incredibly complex and such issues are raised as –

  1. “The manufacturer’s specifications for the doors’ pneumatic systems did not adequately explain how the doors could close with such force that a healthy adult male could not withdraw his arm” resulting in the manufacturer’s claim that the deceased “failed to take reasonable action to extricate his arm,” and the ensuing difficulties in refuting this claim.

  2. And, of course, the ever important question of whom to sue, and the conflict arising when the plaintiff realizes “that our legal team’s major criterion for arguing for different companies’, agencies’, and municipal entities’ different liability designations involved those different possible respondents’ cash resources and their respective insurance carriers’ record of settlement in similar cases—that is, that the entire process was about numbers and money rather than anything like justice, responsibility, and the prevention of further wrongful, public, and totally undignified and pointless death.”

  Interesting.

• Eric Turkewitz of the New York Personal Injury Law Blog predicts that the iPhone GS data controversy will lead to a flurry of subpoenas. He notes that the data would be handy in wreck cases and other contexts, as well. We wonder how receptive Apple would be to subpoenas from all over the country seeking such data. Will they be as resistant to such discovery as Facebook and other such sites? We shall see.
• By no means is Abnormal Use a career site; we’re not here to help you find jobs. But friend of the blog Monica Handa offers these helpful tips for those seeking legal jobs in these trying and troubling economic times. As the hiring contact for her firm, Monica has seen her fair share of deficient resumes, so perhaps she knows a thing or two about the perils of job seeking and issues relating to such quests. An aside: We might add that when applying for a job at our firm, mentioning your adoration of Abnormal Use is a plus. It’s probably best that they don’t let us bloggers play any role in that process. Oh, well.

• We recently realized that most newly minted lawyers are now too young to remember watching “L.A. Law” when it originally aired back in the late 1980s and early 1990s. This is sad news. How is it that a practicing lawyer can be unaware of the fictional exploits of the McKenzie Brackman firm? Was it that long ago in the past when the show left the airwaves in 1994? Was it that many years ago that the Rosalind Shays character perished by falling down an elevator shaft? So, what can we do but commemorate this program by sharing with you the cover of Mad Magazine #274, published way back in 1987? (An aside: One of the writer contributors of this blog actually bought this issue off the newsstand back in ’87, but we’re not going to tell you which one of us it was so as to protect the innocent.).
• You know, we here at Abnormal Use are usually unsympathetic to folks trying to get out of jury duty, but we think this may be the best excuse we’ve ever heard.
• Eric Goldman of the Technology & Marketing Law Blog directs us to a new federal case from Nevada in which the court found that the republication of a newspaper article in its entirety was fair use under the particular circumstances of the case. We hope that new jurisprudence doesn’t apply to Abnormal Use posts in their entirety. Eek.
• Check out Just Enrichment, a new legal blog. Interesting stuff. (Hat tip: Volokh).
• Ruthann Robson of the Constitutional Law Prof Blog alerts us to an interesting footnote about music criticism from a 1989 dissent by Justice Marshall. That still doesn’t top the Fifth Circuit Talking Heads opinion, though. But then again, what possibly could?
• This new Georgia suit might be the most interesting suit you read about this week.