The Legal Imperative to Protect Human Dignity from the Dehumanization of Electronic Surveillance
Pope Leo XIV’s Magnifica Humanitas informs an argument for privacy law grounded in human dignity.
J.R. Howell
Selected Writing
The Interference Fallacy
A proposed legal test for domination connects antitrust, privacy, and administrative law.
Two-Sided Market Structure Creates an Antitrust Blind Spot for Non-Paying Users
An examination of how job platforms monetize applicant data and how antitrust doctrine accounts for the resulting privacy costs.
Latest Writing
After Mata v. Digital Recognition Network, Inc., California Courts Require Proof That a Violation of the License Plate Privacy Law Caused Actual Harm
A company recorded where Mata’s vehicles had been seen. Only his own lawyers were shown to have retrieved the records. The California Court of Appeal explains what a driver must prove to recover for a violation of the state’s license plate privacy law.
Why Sunday Ticket Subscribers Proved an Overcharge and Must Try Damages Again, The Ninth Circuit’s Decision in Ninth Inning Inc. v. National Football League, Inc.
Sunday Ticket subscribers showed that the NFL’s television agreements raised the price of out-of-market games. The Ninth Circuit explains why that evidence supported liability but could not sustain the jury’s $4.7 billion damages award.
When Platform Moderation Becomes Market Exclusion, The Ninth Circuit’s Decision in Uber Technologies, Inc. v. City of Seattle
A customer supplies the rating. The platform decides whether the worker can keep delivering. Uber v. Seattle explains why that distinction matters to Seattle’s deactivation rules and raises a separate question about platform exclusion under antitrust law.
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.
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