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Thomas Mcconnell Et Al.v.Georgia Department Of Labor

CourtCourt of Appeals of Georgia
Docket No.A16A0655
DecidedMay 11, 2018
Reporter337 Ga. App. 457
JudgesCourt of Appeals of Georgia
Tags
CivilGovernment LawTort LawSovereign ImmunityClass ActionMotion to DismissStatutory InterpretationSpecial Concurrence
Case Summary

Thomas McConnell brought a putative class action after a Georgia Department of Labor employee accidentally emailed a spreadsheet containing the names, Social Security numbers, phone numbers, email addresses, and ages of thousands of Georgians who had used Department services. McConnell alleged negligent disclosure, breach of fiduciary duty, and invasion of privacy, seeking damages for credit-monitoring costs, alleged credit harm, and emotional distress. After the Supreme Court of Georgia required the Court of Appeals to address sovereign immunity first, the Court of Appeals held that the Georgia Tort Claims Act waived immunity for the alleged economic and noneconomic losses. It nevertheless affirmed dismissal because the complaint did not state viable claims on the merits, including under Georgia’s narrow invasion-of-privacy torts. The judgment was therefore reversed in part and affirmed in part. A special concurrence questioned whether older precedent remained fully compatible with more recent sovereign-immunity decisions but agreed that the Court of Appeals was bound by that precedent. Division 1 was physical precedent only.

Opinion

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