Jun. 16, 2025
The libel-proof plaintiff
Who can't recover for defamation even though they may have been libeled?





Lee S. Brenner
Venable LLPUC Hastings
Lee Brenner, chair of Venable's Entertainment and Media Litigation Group, is a trial attorney and business litigator based in the firm's Los Angeles office.


The "libel-proof plaintiff" doctrine provides an independent ground for dismissing a defamation cause of action on the basis that a person with a widespread reputation for bad or dishonest behavior may not recover. Often, defendants will raise this doctrine when moving to dismiss a complaint or moving for summary judgment. The underlying rationale for the application of the libel-proof plaintiff doctrine across federal and state courts to a plaintiff with a well-known "sullie...
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