W.D. Wis. · No. 3:26-cv-00997
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| Matter | Type | Practice area | Court | Date | Value |
|---|---|---|---|---|---|
| Duluth Holdings, Inc.source ↗ filed by The Mark Sisson Law Firm · Judge William Martin Conley · No. 3:26-cv-00997 · 28:1332 Diversity-Petition for Removal · view case timeline → Comparable settlements $59.50M–$725M ▾Privacy/wiretap claims against retailers show split outcomes: Bayhealth and Gunnar Optiks survived pleading stage while Tower Health and Nuance were dismissed on pixel/BIPA theories. Duluth's wiretap claim likely rests on website tracking tech, mirroring these inconsistent rulings. 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: Clements v. Gunnar Optiks (7th Cir.) - vacated dismissal, showing tracking-tech claims often survive 12(b)(6) due to unresolved factual questions. Main risk: Dismissal like Tower Health/Nuance if court finds no individually-identifiable interception or statutory exemption applies Rough EV model (wide — class size is the big unknown, not a prediction): $1M–$29M Small sample size, no prior Duluth-specific litigation, and class size is estimated from indirect revenue/traffic signals, not confirmed user data. · grounded in 9 rulings, 10 settlements, 4 verdicts | Filing | Privacy & Wiretap | W.D. Wis. | 2026-10-02 | $59.50M–$725M comparable settlements |