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Jun. 16, 2025

The libel-proof plaintiff

Who can't recover for defamation even though they may have been libeled?

Lee S. Brenner

Venable LLP

UC 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.

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Casie M. Orellana

Associate
Venable LLP

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The libel-proof plaintiff
Shutterstock

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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