HOIMES v. CHESTER A. ASHER, INC. D/B/A ASHER'S CHOCOLATES

E.D. Pa. · No. 5:26-cv-07403

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

Our records for this case (1)

Matter	Type	Practice area	Court	Date	Value
CHESTER A. ASHER, INC. D/B/A ASHER'S CHOCOLATES source ↗ filed by WEISBERG CUMMINGS PC · Judge Jeffrey L. Schmehl · No. 5:26-cv-07403 · 42:12101 The Americans with Disabilities Act of 1990 · view case timeline → Comparable settlements $59.50M–$725M ▾ Session-replay/wiretap claims split on the pleadings: Bayhealth survived a confidentiality theory while Santoro v. Tower Health and Cisneros were dismissed on threshold/statutory-exemption grounds; Clements shows pixel/tracking claims often survive early motions when factual issues remain. Comparable settlements $59.50M–$725M median $81.50M · n=10 Meta $725M · Google $425M · Google LLC $135M Per member (realized): ~$29 median · $29–$29 (n=2) Comparable verdict: Google LLC $425.70M · Google LLC $425.65M Key precedent: Doe v. Bayhealth Medical Ctr. — shows tracking-based privacy claims can survive MTD when a duty of confidentiality/consent issue is pled adequately. Main risk: Small e-commerce defendant with limited data footprint may argue lack of standing/de minimis class exposure, similar to dismissals in Santoro and Cisneros. Rough EV model (wide — class size is the big unknown, not a prediction): $200K–$12.50M No prior cases against this defendant; class size and per-member figures are rough inferences from a small regional retailer, not tech-scale comparables. · grounded in 8 rulings, 10 settlements, 4 verdicts	Filing	Privacy & Wiretap	E.D. Pa.	2026-09-25	$59.50M–$725M comparable settlements