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McConnell v. Department of Labor

The plaintiff's complaint against the Georgia Department of Labor asserting claims for negligence in disclosing personal information, invasion of privacy public disclosure of private facts and breach of fiduciary duty failed to state a claim upon which relief could be granted.

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Thomas McConnell filed this class action against the Georgia Department of Labor, alleging several tort claims in connection with the Department’s disclosure of personal information of McConnell and the proposed class members. After a hearing, the Superior Court of Cobb County granted the Department’s motion to dismiss McConnell’s complaint for failure to state a claim upon which relief can be granted. McConnell appeals, and for the reasons explained below we affirm.

In ruling on a motion to dismiss, the trial court must accept as true all well-pled material allegations in the complaint and must resolve any doubts in favor of the plaintiff. As an appellate court, we review de novo a trial court’s determination that a pleading fails to state a claim upon which relief can be granted, construing the pleadings in the light most favorable to the plaintiff and with any doubts resolved in the plaintiff’s favor.

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