History
  • No items yet
midpage
IN RE: FORTRA FILE TRANSFER SOFTWARE DATA SECURITY BREACH LITIGATION
1:24-md-03090
| S.D. Fla. | Feb 11, 2025
Read the full case

Background

  • Plaintiffs brought a putative class action against Brightline, Inc., alleging that Brightline failed to protect their private information after a large-scale data breach involving Fortra's GoAnywhere MFT software in January 2023.
  • Over one million individuals' sensitive information held by Brightline was compromised after a ransomware group exploited a vulnerability in the software.
  • After factual discovery and negotiations, the parties reached a settlement providing a $7 million non-reversionary cash fund and additional security measures.
  • The Court previously granted preliminary approval, certified a settlement class, and approved a notice program.
  • Only 27 class members opted out, and one objection was filed.
  • Plaintiffs sought final approval of the settlement and requested attorneys’ fees and costs.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the class meets Rule 23(a) and (b)(3) Class is numerous, typical, common, adequate No opposition Class certified for settlement purposes
Adequacy/fairness of the settlement Settlement is fair, covers all class claims No opposition Settlement approved as fair/adequate
Objection to adequacy of relief Relief is reasonable given litigation risks No opposition Objection overruled; relief adequate
Attorneys' fees percentage of settlement fund 33.33% of fund reasonable under the law No opposition Requested attorneys’ fees approved

Key Cases Cited

  • Amchem Prods., Inc. v. Windsor, 521 U.S. 591 (Supreme Court outlines standards for class certification in settlement)
  • Bennett v. Behring Corp., 737 F.2d 982 (11th Cir. 1984) (establishes factors for approving class action settlements)
  • Camden I Condo. Ass’n. v. Dunkle, 946 F.2d 768 (11th Cir. 1991) (attorneys’ fees in common fund class actions assessed by percentage)
  • Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (Supreme Court clarifies commonality standard in class actions)
  • Spokeo, Inc. v. Robins, 578 U.S. 330 (standing requirements for class actions)
Read the full case

Case Details

Case Name: IN RE: FORTRA FILE TRANSFER SOFTWARE DATA SECURITY BREACH LITIGATION
Court Name: District Court, S.D. Florida
Date Published: Feb 11, 2025
Docket Number: 1:24-md-03090
Court Abbreviation: S.D. Fla.