A judge in the US has dismissed David Beckham's libel and slander case against In Touch magazine.
The footballer's lawyer immediately said Beckham will appeal against the ruling and disprove the celebrity tabloid's claims that Beckham cheated on his wife Victoria with a prostitute.
US district judge Manuel Real threw out the case at a hearing on Monday in Los Angeles.
Beckham's lawyer Richard Kendall argued that In Touch failed to do basic fact checking that would have shown the star was not where the magazine claimed he was for the alleged illicit rendezvous.
But Mr Real said the Los Angeles Galaxy star is a public figure and his legal team had not shown the tabloid published the story with malice.
Elizabeth McNamara, a lawyer for In Touch owner Bauer Publishing, says Mr Real made the correct ruling.
A spokesman for Beckham said later: "Bauer do not dispute for purposes of this motion that their story is false. They have not provided one shred of evidence to support the claim this story is true. David Beckham's clear evidence proved that this is without foundation.
"We have already won a court ruling in Germany and are awaiting damages. Unfortunately, the US legal system requires us to show that the magazine acted maliciously. Any knowledgeable person knows this story not to be true, we will continue to fight this in court and the decision will be appealed."