Jackson v. Nationwide Retirement Solutions, Inc.
2:22-cv-03499-MHW-KAJ
S.D. OhioMar 5, 2024Background
- Plaintiffs filed a class action against Nationwide Retirement Solutions after a September 2022 data breach, alleging inadequate safeguarding of personal identifiable information (PII).
- Plaintiffs asserted several state-law claims, including negligence, breach of implied contract, intrusion upon seclusion, and unjust enrichment, on behalf of themselves and similarly situated persons.
- The parties reached a proposed settlement prior to resolution of a motion to dismiss; the court granted preliminary settlement approval and set a fairness hearing.
- The settlement class comprises 2,189 individuals whose PII was impacted, providing two years of three-bureau credit monitoring and one year of third-party cybersecurity review, service awards, and attorney's fees.
- Notice was provided to all class members with near-total delivery success; no objections or opt-outs were received.
- Plaintiffs moved for final approval of the settlement and related fee/service awards, which were unopposed by Nationwide.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Class certification under Rule 23 | Rule 23 requirements, including numerosity, commonality, typicality, adequacy | Did not oppose certification | Satisfied; class certified for settlement |
| Fairness of settlement | Settlement is fair, reasonable, and adequate per Rule 23(e) factors | Did not object to fairness | Settlement approved as fair and adequate |
| Approval of attorney’s fees | $120,000 requested is reasonable under the percentage-of-fund method | No objection to requested fees | Fee award approved as reasonable |
| Approval of service awards | $5,000 for each named plaintiff reflects effort and involvement | No objection to service awards | Service awards approved |
Key Cases Cited
- Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (commonality standard for class certification)
- Gen. Tel. Co. of the Nw., Inc. v. EEOC, 446 U.S. 318 (numerosity analysis for class actions)
- Amchem Products, Inc. v. Windsor, 521 U.S. 591 (adequacy and predominance requirements for settlement classes)
- Rawlings v. Prudential-Bache Props., Inc., 9 F.3d 513 (reasonableness of attorney's fees in class actions)
- Beattie v. CenturyTel, Inc., 511 F.3d 554 (typicality analysis in class certification)