It wouldn't be SLJ specifically because he made the Fury deal well before Marvel started making movies. It 100% would have been Will Smith at the time, as he was also just coming off The Pursuit of Happyness in 2006. He might have still been able to squeeze in I Am Legend, between that and Iron Man.. or Marvel would have just waited until I Am Legend had wrapped. This is assuming they could afford him, you have to remember the deal RDJ made. The only way i don't see that is if Don Cheadle accepted the offer RDJ did, they would prolly cast him instead.
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