S.D.N.Y. · No. 1:26-cv-07167
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| Matter | Type | Practice area | Court | Date | Value |
|---|---|---|---|---|---|
| Fractyl Health, Inc.source ↗ filed by Pomerantz LLP · No. 1:26-cv-07167 · 15:78m(a) Securities Exchange Act · view case timeline → Comparable settlements $47.50M–$725M ▾Comparable rulings split: Bayhealth allowed a breach-of-confidentiality claim to survive on tracking-technology facts, while Integris's parallel state privacy claims were left unclear on remand. Fractyl is a small medtech firm, so exposure likely tracks the healthcare-tracking cases rather than Meta/Google-scale settlements. Comparable settlements $47.50M–$725M median $59.50M · n=10 Meta $725M · Google Assistant $68M · Google LLC and Alp $68M Per member (realized): ~$30 median · $29–$30 (n=2) Comparable verdict: Google LLC $425.70M · Google LLC $425M Key precedent: Doe v. Bayhealth Medical Ctr. — healthcare provider owed confidentiality duty for tracking-tech disclosures, closest factual analog to a biotech/medtech privacy claim. Main risk: Dismissal on standing/duty grounds as in Integris (federal officer removal aside, underlying disclosure claims remained unresolved) or lack of a cognizable confidentiality duty absent direct patient relationship. Rough EV model (wide — class size is the big unknown, not a prediction): $145K–$3M Small n of comparables and unclear class definition/theory specifics (tracking tech vs. wiretap) make this a rough directional estimate, not a precise forecast. · grounded in 6 rulings, 10 settlements, 2 verdicts | Filing | Privacy & Wiretap | S.D.N.Y. | 2026-08-21 | $47.50M–$725M comparable settlements |