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Gordon v. DraftKings, Inc.

D. Mass. · No. 1:26-cv-13525

Full docket on CourtListener ↗

No federal docket timeline hydrated for this case yet (state-court settlements have no RECAP docket).

Our records for this case (1)

MatterTypePractice areaCourtDateValue
DraftKings, Inc.source ↗
filed by Bryson Harris Suciu & Demay, Pllc · Judge William G. Young · No. 1:26-cv-13525 · 28:1332 Diversity-(Citizenship) · view case timeline →
Comparable settlements $30M–$68M ▾
Comparable privacy rulings split: Doe v. Bayhealth allowed confidentiality claims to survive while Doe v. Integris left state privacy claims unclear; Clements v. Gunnar Optiks shows wiretap/tracking claims often survive dismissal on factual grounds rather than being resolved on pleadings.
Comparable settlements $30M–$68M median $59.50M · n=10
Google Assistant $68M · Google LLC and Alp $68M · Google $68M
Per member (realized): ~$29 median · $25–$30 (n=4)
Comparable verdict: Google LLC $425.70M · Google LLC $425M
Class (from complaint): Californians who participated in DraftKings' Daily Fantasy Sports and Pick6 contests and lost money on the Gambling Websites.
Key precedent: Clements v. Gunnar Optiks (7th Cir.) — shows tracking/data-collection claims frequently survive 12(b)(6) due to unresolved factual issues, a pattern likely to apply to DraftKings' tracking tech claims.
Main risk: Dismissal on standing or consent grounds, as seen in Integris where 'acting under' and disclosure theories were left unresolved or dismissed.
This defendant: Prior filing (Chan v. DraftKings) shows repeat privacy/wiretap litigation exposure for this defendant.
Rough EV model (wide — class size is the big unknown, not a prediction): $2.50M–$15M
Small, heterogeneous comparable set; DraftKings-specific class size and per-member recovery are estimated, not directly observed. · grounded in 6 rulings, 10 settlements, 2 verdicts
FilingPrivacy & WiretapD. Mass.2026-08-03$30M–$68M
comparable settlements