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 (2^nd 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...