Defamation
A false statement of fact, published to a third party, that damages the plaintiff's reputation.
The MBE’s favorite trap is the constitutional overlay: whenever the statement touches a matter of public concern, the plaintiff must additionally prove falsity and fault, and even a private figure cannot recover presumed or punitive damages without showing actual malice (Gertz v. Robert Welch). The “tell” is the plaintiff’s identity and the topic — read for whether the call is private-figure/private-concern (common-law rules, including liability without proof of fault, survive) versus public. Separate the fault question (negligence vs. actual malice) from the damages question; the answer often hinges on the damages limit, not on liability.
Don’t fold defamation’s damages scheme into ordinary tort damages. Causation here just means publication — the statement reached a third party; even an overheard remark qualifies. Classic trap: a statement of opinion that implies undisclosed defamatory facts is actionable (Milkovich); only “pure” opinion that implies no provable fact is protected.
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