• Oregon Supreme Court plays chicken with SCOTUS over $79.5 million punitive damages award in Williams v. Philip Morris case. [Sebok @ Findlaw; Krauss @ IBD; POL Feb. 1]
• Speaking of punitive damages, I did a podcast on Exxon Shipping v. Baker. I can’t bear to listen to it, so let me know how I did. [Frank @ Fed Soc]
• Arkansas case alleged legal sale of pseudoephedrine was “nuisance” because meth-makers would buy it; case dismissed. [Beck/Herrmann]. This is why I’ve stockpiled Sudafed.
• Lawyers advertise for refinery explosion victims before fire goes out. [Hou Chron/TLR]
• Connecticut Supreme Court: cat-attack victim can sue without showing past history of violence by animal. [On Point] Looking forward to comments from all the anti-reformers who claim to oppose reform because they’re against the abrogation of the common law.
• Op-ed on the Great White fire deep pockets phenomenon. [SE Texas Record; earlier: Feb. 2]
• “FISA lawsuits come from Twilight Zone.” [Hillyer @ Examiner]
• Legislative action on various medical malpractice tweaking in Colorado, Hawaii, and Wyoming. [TortsProf]
• Request for unemployment benefits: why fire me just because I asked staffers for a prostitute? [Des Moines Register]
• “So much for seduction and romance; bring in the MBAs and lawyers.” [Mac Donald @ City Journal; contra Belle Lettre; contra contra Dank]
• Where is the Canadian Brandeis standing up for free speech? [Kay @ National Post]
• In defense of lobbying. [Krauthammer @ WaPo]

Dahlia Lithwick got her start in Slate with the innovation of covering the Supreme Court almost entirely in terms of what jokes were told at the oral argument. Now, gossipy legal humor has entertainment value, and Lithwick’s essays had a legitimate role in the context of providing added value for an Internet magazine whose main advantage over competing media sources was the ability to put writing out there in a breezier and quicker fashion than a newspaper. But the legal analysis was often slipshod, and Lithwick would freely admit her ignorance and instead focus on which Supreme Court Justice she’d most like to hug or the build of the lawyers. Yet Lithwick has parlayed being the Slate “Supreme Court correspondent” into a regular gig doing serious analysis and op-eds in purportedly more serious media outlets. The results often aren’t pretty. Heather Mac Donald puts her thumb precisely on the problem and points out how vapid Lithwick’s analysis of Justice O’Connor’s career is (via Point of Law). Lithwick makes the mistake of criticizing O’Connor’s decisions as lacking sufficient empathy for the sympathetic losing party (though, as Mac Donald points out, Lithwick’s sympathy is inconsistent within the same paragraph in the op-ed). Legal reporting all too often has the flaw of describing cases as a question of picking the most deserving winner, divorcing this question from the real issue of the neutral application of legal rules; this is a problem that all too often trickles down to some judges and jury decisions. And it’s a sad commentary on the state of legal education when a Stanford Law graduate doesn’t give any signs of knowing better.