Incremental Identities: Libel-Proof Plaintiffs, Subsantial Truth, and the Future of the Incremental Harm Doctrine

Libel suits can impose huge costs on media defendants. In jury trials, media defendants are apt to lose, even though appellate courts frequently reverse verdicts and awards. The litigation costs to the defendant are high, the discovery process is unusually intrusive, and the threat of astronomical jury awards disrupts the defendant’s normal operations.