IN RE: FORTRA FILE TRANSFER SOFTWARE DATA SECURITY BREACH LITIGATION
1:24-md-03090
| S.D. Fla. | Feb 11, 2025Background
- 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)
