Shymikka Griggs v. NHS Management, LLC (Appeal from Jefferson Circuit Court: CV-23-902261).

Summary

The court affirmed dismissal of Griggs's data-breach complaint under Rule 12(b)(6) because she failed to sufficiently plead her negligence, negligence per se, invasion-of-privacy, unjust-enrichment, breach-of-confidence, and breach-of-fiduciary-duty claims. The court held that her negligence arguments did not adequately support the existence of a duty, breach, or causation; her negligence per se claim did not allege proximate cause; and her other claims lacked allegations of intentional conduct, a conferred benefit, affirmative disclosure, or a fiduciary relationship. The Alabama Deceptive Trade Practices Act claim was conceded and the breach-of-contract claim was abandoned on appeal.