CA Bar Exam 練習答案: Torts (Feb 2009)

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問題文

February 2009 Question 4
https://nwculaw.edu/pdf/bar/February%202009%20Essays%20and%20Sample%20Answers.pdf

ConsumerPro, a consumer protection group, published a manual listing the names, addresses, telephone numbers, and specialties of attorneys who represent plaintiffs in tort cases. The manual also included comments rating the attorneys. The manual was distributed by ConsumerPro to its members to aid them in the selection of an attorney should they need one.

Paul was listed in the manual as an attorney who litigates automobile accident cases. In the related comments, the manual stated that "Paul is reputed to be an ambulance chaser and appears to handle only easy cases."
Paul sued ConsumerPro for defamation, alleging injury to reputation and
requesting general damages. ConsumerPro moved to dismiss for failure to state a claim on which relief could be granted, on the grounds that (1) the statement was non-actionable opinion, (2) Paul failed to allege malice or negligence under the United States Constitution, (3) Paul failed to allege special damages, and (4) in any event, the statement was privileged under the common law.

How should the court rule on each ground of the motion to dismiss? Discuss

答案