The American Counsel | Legal Analysis by J.R. Howell

The American Counsel

Sign in Subscribe

Latest — 27 Oct 2026

J.R. Howell Examines Ninth Circuit Aftermarket Decision in Surgical Instrument Service Co. v. Intuitive Surgical, Inc.

J.R. Howell examines the Ninth Circuit’s aftermarket decision in Surgical Instrument Service Co. v. Intuitive Surgical, Inc. for the ABA Antitrust Law Section.

More issues

The Fifth Circuit Vacates an Injunction After an AI-Assisted Order Cites Invented Evidence in Jackson Federation of Teachers v. Fitch

On October 22, 2026, the Fifth Circuit vacated a preliminary injunction against Mississippi’s law restricting diversity, equity, and inclusion activities in public education and directed that the case be assigned to a different district judge. The proceedings in Jackson Federation of Teachers v. Fitch had produced an AI-assisted

Whitfield v. Mullin Leaves the Ninth Circuit’s Serious Questions Doctrine Intact After Starbucks

By J.R. Howell The American Counsel | October 20, 2026 The Ninth Circuit continues to apply its serious-questions doctrine after Starbucks Corp. v. McKinney, although a substantial group of its judges now contends that the doctrine conflicts with Supreme Court precedent. On October 16, 2026, the court denied rehearing

In Chegg, Inc. v. Google LLC and Penske Media Corporation v. Google LLC, the D.C. District Court Narrows Publishers’ Route to Challenging AI Search

U.S. District Court for the District of Columbia | Nos. 25-cv-00543 and 25-cv-03192 | September 30, 2026 J.R. Howell | The American Counsel On September 30, 2026, Judge Amit P. Mehta dismissed the amended complaints in Chegg, Inc. v. Google LLC and Penske Media Corporation v. Google

The Northern District of Illinois Allows Price-Fixing Claims Over Shared Benchmarks in In re Construction Equipment Rental Antitrust Litigation

Northern District of Illinois | No. 25 C 3487, MDL No. 3152 | September 28, 2026 J.R. Howell | The American Counsel On September 28, 2026, Judge Sara L. Ellis of the Northern District of Illinois allowed contractors to pursue allegations that major construction equipment rental companies used a shared benchmarking service

What Counts as Privacy Injury After the Ninth Circuit’s Decision in Black v. IEC Group, Inc.?

In Black v. IEC Group, Inc., the Ninth Circuit recognized injury from an alleged disclosure of confidential health information. J.R. Howell examines privacy injury, contract rights, and Article III standing after TransUnion.

The Ninth Circuit Revives Antitrust Claims in Simon and Simon, PC v. Align Technology, Inc.

The Ninth Circuit’s October 5, 2026 decision in Simon and Simon, PC v. Align Technology, Inc., Nos. 24-1703 and 24-1783, revives antitrust claims over Align’s decision to stop accepting scans from a competing dental scanner. The court held that a genuine business justification does not necessarily

ROSS Plans a Supreme Court Challenge to the Third Circuit’s Fair Use Ruling in Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc.

ROSS plans to seek Supreme Court review of the Third Circuit’s fair-use ruling. J.R. Howell examines the response from copyright scholars, lawyers, and industry commentators and the competition questions raised by AI training licenses.

Who Gets to Choose Your AI? Platform Power and the Limits of User Choice

Disputes involving Apple, Meta, Amazon, and other platforms expose the limits of user choice. This essay argues for a defined right to delegate lawful tasks, duties of agent loyalty, and a practical private remedy.

An Oklahoma Federal Court Holds a Flock Travel History Search Unconstitutional in United States v. Kyle

In United States v. Kyle, an Oklahoma federal court suppressed evidence after a warrantless search of a month of vehicle-location records. The analysis distinguishes historical travel searches from individual plate alerts.