"Bad To The Bone" - The Libel-Proof Plaintiff Doctrine*

Defendants in defamation lawsuits have a myriad of available defenses. One of them, the libel-proof plaintiff doctrine, holds that even if the defendants made false statements, the plaintiff may not recover more than nominal damages because such statements had minimal effect on the plaintiff's already sullied reputation. Importantly, the libel-proof plaintiff doctrine provides authors and publishers with a defense that, in appropriate circumstances, can dispose of defamation claims in pre-trial proceedings, thereby avoiding expensive and unpredictable discovery and trial.

The doctrine has developed along two pathways. The first—the "issue-specific" approach—bars relief for a plaintiff whose reputation related to a specific subject matter is so tarnished that he or she cannot be further injured by allegedly false statements on the matter. The second— the "incremental harm" doctrine—bars relief where the challenged statements harm a plaintiff's reputation far less