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All Persons residing within the United States whose Personal Information was potentially compromised in the Cyberattack against Westinghouse Air Brake Technologies Corporation d/b/a Wabtec Corporation


News provided by

Lynch Carpenter LLP and DannLaw

Sep 25, 2024, 08:00 ET

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NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

PITTSBURGH, Sept. 25, 2024 /PRNewswire/ -- A class action settlement in the Litigation captioned Hokky Tjahjono, et al. v. Westinghouse Air Brake Technologies Corporation d/b/a Wabtec Corporation, Case No. 2:23-cv-531 in the U.S. District Court for the Western District of Pennsylvania has been reached. The case concerns a Cyberattack against the defendant, Westinghouse Air Brake Technologies Corporation d/b/a Wabtec Corporation. You are receiving this notice because Wabtec's records show that your Personal Information was potentially compromised as a result of the Cyberattack.

In the Litigation, Plaintiffs alleged that Wabtec was negligent and/or breached a contract when certain Personal Information in its possession was accessed or potentially accessed during the Cyberattack. Wabtec denies all claims asserted, denies any and all allegations of wrongdoing and inadequate security, and disclaims all liability relating to and arising out of the Cyberattack. Nevertheless, Wabtec has considered the uncertainty and risks inherent in any litigation and concluded that contesting the Litigation further could be protracted and expensive, and thus has agreed to pay $625,000 into a Settlement Fund to resolve the Litigation and avoid further expense, inconvenience, and burden.

Who's Included in the Settlement Class? The Settlement Class includes all Persons residing within the United States whose Personal Information was potentially compromised in the Cyberattack. If you are a member of the Settlement Class, you do not have to do anything to participate in and receive the benefits of the proposed Settlement.

How Do I Get a Payment? If you are a Settlement Class Member, your payment will be sent automatically by first-class U.S. Mail to your last known postal address on file with Wabtec. If you would like the Settlement benefits to be distributed to you via PayPal or Venmo, rather than the mailing of a check, you can elect to do so through the website maintained for this Settlement.

By participating in the proposed Settlement, you release your right to bring or join any action or claim against Wabtec covered by the proposed Settlement, including any past, present, or future claim related to the Cyberattack.

What Are My Other Options? If you do not want to participate in the proposed Settlement—i.e., you do not want to receive any benefit from the Settlement, and you do not want to be bound by any judgment entered in the Litigation—you may exclude yourself by mailing a signed opt-out request to the Settlement Administrator, which must be postmarked no later than November 25, 2024. If you instead want to object to the proposed Settlement because you think it is not fair, adequate, or reasonable, you may submit an objection, which must be postmarked no later than November 25, 2024. In either event, you must follow the detailed instructions outlined in the Settlement Agreement and the Long Notice, which can both be found at www.PAClassAction.com, to properly opt out from, or object to, the proposed Settlement.

What Happens Next? The Court has preliminarily approved the proposed Settlement, but the distribution of payments will occur only if the Court grants final approval of the proposed Settlement. The Final Approval Hearing in this case is scheduled for January 21, 2025. At that hearing, the Court will consider whether to grant final approval of the proposed Settlement, and whether to approve payment from the Settlement Fund of: (1) awards to the Settlement Class Representatives for their service in the Litigation; and (2) Class Counsel's requested attorneys' fees, which will not exceed thirty-three and one-third percent (33.33%) of the Settlement Fund and will be posted on the Settlement Website after November 11, 2024, and reimbursement for litigation costs.

You are encouraged to review the Settlement Agreement and the Long Notice, which, along with other important documents and information, are available on the Settlement Website at www.PAClassAction.com. This notice only summarizes the proposed Settlement; more details are contained in the Settlement Agreement. This notice contains certain capitalized, defined terms, which are defined specifically in the Settlement Agreement. In the event of any inconsistency between the Settlement Agreement and this notice, the Settlement Agreement will govern.

If you have any questions, you can contact Class Counsel: Jamisen A. Etzel at Lynch Carpenter, LLP, (412) 322-9243, or Marc E. Dann at DannLaw, (216) 373-0539.

You can also contact the Settlement Administrator by calling toll-free 1-888-726-1659, or by emailing [email protected].

PLEASE DO NOT CONTACT THE COURT OR WABTEC CONCERNING THIS NOTICE OR THE PROPOSED SETTLEMENT.

Media Contact: Jamisen A. Etzel at Lynch Carpenter, LLP, (412) 322-9243, or Marc E. Dann at DannLaw, (216) 373-0539

SOURCE Lynch Carpenter LLP and DannLaw

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