Justia Internet Law Opinion Summaries

Shymikka Griggs filed a data-breach action against NHS Management, LLC, a consulting firm providing management services for nursing homes and physical-rehabilitation facilities. NHS collects sensitive personal and health information from employees, patients, and vendors. In May 2021, NHS discovered a cyberattack on its network, which lasted 80 days. NHS notified affected individuals, including Griggs, in March 2022. Griggs, a former NHS employee, claimed her personal information was found on the dark web, leading to credit issues, spam communications, and fraudulent activities.Griggs initially filed a class-action complaint in the United States District Court for the Northern District of Alabama but later dismissed it. She then filed a class-action complaint in the Jefferson Circuit Court in June 2023, alleging negligence, negligence per se, breach of contract, invasion of privacy, unjust enrichment, breach of confidence, breach of fiduciary duty, and violation of the Alabama Deceptive Trade Practices Act. NHS moved to dismiss the complaint, arguing lack of standing and failure to state a claim. The Jefferson Circuit Court dismissed Griggs's complaint with prejudice.The Supreme Court of Alabama reviewed the case and affirmed the circuit court's judgment. The court held that Griggs failed to sufficiently plead her claims. Specifically, she did not demonstrate that NHS owed her a duty under Alabama law, failed to establish proximate cause for her negligence per se claim, did not allege intentional conduct for her invasion-of-privacy claim, and did not show that she conferred a benefit on NHS for her unjust-enrichment claim. Additionally, the court found that breach of confidence is not a recognized cause of action in Alabama and that Griggs did not establish a fiduciary relationship between her and NHS. View "Griggs v. NHS Management, LLC" on Justia Law

Birmingham attorney Daniel Flickinger posted a message on his personal Facebook social-media page in which he appeared to reference the death George Floyd, which occurred while Floyd was being arrested and was recorded. The social-media post, along with an allegedly "counterfeit" social-media "profile," was later shared with Flickinger's supervising attorney at his law firm by Lawrence Tracy King, an attorney with the Birmingham law firm of King Simmons Ford & Spree, P.C. Shortly thereafter, Flickinger was forced to resign. Flickinger's post was also shared by members of a "private" Facebook group, who then posted a series of offensive comments about him both personally and professionally. Flickinger sued King and the King law firm asserting claims of defamation, invasion of privacy, and tortious interference with a business relationship. The King defendants filed a motion to dismiss Flickinger's claims pursuant to Rule 12(b)(6), Ala. R. Civ. P., and the circuit court granted the motion. After review, the Alabama Supreme Court affirmed the trial court's judgment insofar as it dismissed Flickinger's defamation and invasion-of-privacy claims. However, the Court reversed the trial court's judgment insofar as it dismissed Flickinger's tortious-interference claim, and remanded the case for further proceedings. View "Flickinger v. King" on Justia Law

The HuffingtonPost.com, Inc. ("HuffPost"), petitioned the Alabama Supreme Court for a writ of mandamus to direct a circuit court to vacate its order denying HuffPost's motion for a summary judgment based on the immunity provided in the Communications Decency Act of 1996, 47 U.S.C. § 230, and to enter a summary judgment in its favor pursuant to the immunity provided in 47 U.S.C. § 230. K.G.S. petitioned to adopt Baby Doe; the birth mother contested the adoption. The birth mother contacted Mirah Ruben, a contributor to HuffPost, and shared her version of events leading to her contesting the adoption. HuffPost published two online articles about Baby Doe’s adoption, including the full name of the birth mother, K.G.S. and included images of Baby Doe. After the articles were published, Claudia D’Arcy, a resident of New York, created a Facebook page dedicated to reuniting the birth mother and Baby Doe, which attached the HuffPost articles. The Facebook page also identified the birth mother and K.G.S. by name, and images of Baby Doe. After the creation of the Facebook page, K.G.S. stated she was “inundated with appallingly malicious and persistent cyber-bullying.” K.G.S.’ attorney compelled Facebook to take down the page because it violated Alabama’s Adoption Code. Then K.G.S. sued HuffPost, Mirah Riben, and a number of other defendants alleging that the defendants had made statements relating to the adoption that subjected them to civil liability and had unlawfully disclosed confidential information about the adoption "to create a sensationalized, salacious, and scandal-driven trial in the court of public opinion to pressure K.G.S. into relinquishing her custody of Baby Doe." After review of the circumstances of this case, the Alabama Supreme Court concluded HuffPost demonstrated a clear legal right to mandamus relief, and its petition was granted. View "Ex parte The HuffingtonPost.com" on Justia Law