Section 17 “Libel-Proof” Plaintiff Doctrine
Library | Damages 2012 |
The “libel-proof” plaintiff doctrine comes into play when a plaintiff’s reputation is so poor before the publication at issue that, as a matter of law, the publication complained of could not have caused anything other than nominal damages. Cardillo v. Doubleday & Co., 518 F.2d 638, 639–40 (2nd Cir. 1975) (as a result of the plaintiff’s habitual criminal background, the plaintiff’s defamation action warranted dismissal because he could not recover anything other than nominal damages); see also Note, The Libel‑Proof Plaintiff Doctrine, 98 Harv. L. Rev. 1909 (1985). While the genesis of this doctrine is intertwined with both causation and the requirement that the plaintiff prove falsity, it is also driven by the concern that the de minimis nature of these actions does not warrant the intrusion upon the First Amendment interests involved. Cardillo, 518 F.2d at 639–40; Simmons Ford, Inc. v. Consumers Union of United States, Inc., 516 F. Supp. 742, 750 (S.D.N.Y...
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- Section 1 Introduction
- Section 2 Meaning and Proof of Reputation
- Section 3 Common-Law Requirements and the Abandonment of the Per Se/Per Quod Distinction in Defamation
- Section 4 General Damages
- Section 5 Special Damages
- Section 6 First Amendment Requirements
- Section 7 Punitive Damages
- Section 8 Common-Law Requirements
- Section 9 First Amendment Limitations
- Section 10 Statutory Limitations
- Section 11 Single Publication Rule
- Section 12 Reduction of Damages Through Retraction
- Section 13 Reduction of Damages Through Evidence of a Bad Reputation, Negative Publicity, or Other Bad Acts
- Section 14 Mitigation of Damages Through Evidence of Bad Reputation
- Section 15 Mitigation of Damages Through Evidence of Other Negative Publicity
- Section 16 Mitigation of Damages Through Evidence of Other Bad Acts
- Section 17 “Libel-Proof” Plaintiff Doctrine
- Section 18 “Incremental Harm” Doctrine
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