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MAKAEFF v. TRUMP UNIVERSITY, LLC

No. 11-55016.

715 F.3d 254 (2013)

Tarla MAKAEFF, on behalf of herself and all others similarly situated, Plaintiff-counter-defendant-Appellant, and Brandon Keller; Ed Oberkrom; Patricia Murphy, Plaintiffs, v. TRUMP UNIVERSITY, LLC, a New York limited liability company, AKA Trump Entrepreneur Initiative, Defendant-counter-claimant-Appellee, and Donald J. Trump, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed April 17, 2013.

Attorney(s) appearing for the Case

Eric Alan Isaacson (argued), Rachel L. Jensen , Amanda M. Frame , and Thomas R. Merrick , Robbins Geller Rudman & Dowd LLP, San Diego, CA; Amber L. Eck , Zeldes & Haeggquist, LLP, San Diego, CA, for Plaintiff-Counter-Defendant-Appellant.

Jill A. Martin (argued), Rancho Palos Verdes, CA; David Keith Schneider , Yunker & Schneider, San Diego, CA, for Defendant-Counter-Claimant-Appellee.

Christopher M. Burke , Scott & Scott LLP, San Diego, CA, for Amicus Curiae Consumer Attorneys of California.

David Blair-Loy , ACLU Foundation of San Diego & Imperial Counties, San Diego, CA, for Amicus Curiae American Civil Liberties Union of San Diego & Imperial Counties.

Opinion by Judge WARDLAW; Concurrence by Chief Judge KOZINSKI; Concurrence by Judge PAEZ.

OPINION

WARDLAW, Circuit Judge:

No one would deny that Donald Trump, the real estate magnate, television personality, author, and erstwhile presidential candidate, cuts a celebrated, if controversial, public figure. We must decide whether Trump University, LLC, a private, for-profit entity purporting to teach Trump's "insider success secrets," is itself a public or limited public figure so as to implicate the First Amendment. Disgruntled former customer...

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