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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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