Makaeff et al. v. Trump University (9th Cir. 2013)
Ms. Makaeff, a former student, sued Trump University for unfair trade practices. Trump University countersued her for defamation and she moved to strike the counterclaim under California’s anti-SLAPP law.
The Ninth Circuit Court of Appeals held the University was a limited public figure and must demonstrate plaintiff acted with actual malice to prevail on its defamation claim.
Under a fact-specific Gertz v. Robert Welch, Inc., 418 U.S. 323, 345 (1974) analysis, the court determined the University was a limited public figure because its large-scale advertising campaign voluntarily thrust itself into the public controversy regarding the fairness of its business practices.
Read the full opinion for complete analysis: http://cdn.ca9.uscourts.gov/datastore/opinions/2013/04/17/11-55016.pdf
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