No suit really possible. Could try to terminate copyrights. Dr. Strange a possibility, but not Spider-Man.
Let me suggest that Ditko's situation is closer to Kirby's than Gerber & Wolfman, for obvious reasons.
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Not with Spider-Man, it isn't. You can credibly argue Dr. Strange was spec work, but not Spider-Man.
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Oh, and Gerber did get a settlement. But little if any money. Legal bills ultimately forced him to declare bankruptcy.
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