Lawsuits in federal court Trump University

1 lawsuits in federal court

1.1 low v. trump university, llc
1.2 cohen v. trump
1.3 public release of court documents
1.4 trump s comments curiel

lawsuits in federal court
low v. trump university, llc

tarla makaeff, paid $60,000 trump university in 2008, brought class action lawsuit against trump university on april 30, 2010, in u.s. district court southern california. suit, makaeff v. trump university, llc, sought refunds makaeff , other former clients of trump university, punitive damages breach of contract, fraud, negligent misrepresentation , bad faith. did not name donald trump defendant, did in later amended complaint. in february 2014, u.s. district court judge gonzalo p. curiel denied recognition nationwide class plaintiffs had requested , recognized suit class-action on part of trump university clients in 3 states – california, florida, , new york – based on specific alleged violations of consumer protection laws of states. narrowed case 5 of plaintiffs original fourteen charges.

on may 26, 2010, trump university filed counterclaim alleging makaeff had made defamatory statements trump university, including many spurious accusations of actual crimes , had caused trump university losses of more $1 million. on june 30, 2010, makaeff countered trump university s defamation claim attempt intimidate her, known slapp suit (a strategic lawsuit against public participation), , because trump university public figure defamation claim required proof acted actual malice when speaking , writing trump university. invoking california s anti-slapp statute, makaeff triggered procedures hastened consideration of defamation claim without further discovery.

on august 23, 2010, u.s. district judge irma e. gonzalez ruled trump university not public figure, did not need show malice on makaeff s part, , proceed defamation claim. makaeff appealed ninth circuit court of appeals, three-judge panel ruled unanimously on april 17, 2013, trump university limited-purpose public figure , trump university must demonstrate malice on makaeff s part establish defamation; returned case district court consider defamation claim against standard. after additional briefing, u.s. district judge gonzalo p. curiel ruled in makaeff s favor on june 16, 2014, , dismissed defamation claim. makaeff then, @ court s invitation, presented evidence of legal costs , fees in connection defamation litigation. asked $1.3 million, , on april 20, 2015 curiel ordered trump university reimburse makaeff $798,000 in legal fees , costs.

in november 2015, district court ruled on trump s motion summary judgment. in 44-page opinion, court denied trump s motion summary judgment on of claims, finding there genuine issue of fact on plaintiffs claims of deceptive practices , misrepresentation in advertisements in violation of california, florida, , new york consumer protection , business law , therefore letting these claims proceed trial. court did grant summary judgment in trump s favor on plaintiffs request injunction, because trump university stopped enrolling students in july 2010 , no longer sold same seminars or other programs.

on march 21, 2016, on objections attorneys trump university, curiel allowed makaeff withdraw lead plaintiff, naming sonny low in stead, resulting in case title low v. trump university, llc.

cohen v. trump

on october 18, 2013, california businessman art cohen filed civil lawsuit, art cohen v. donald j. trump, in u.s. district court southern california, class action on behalf of consumers throughout united states purchased services known live events trump university after january 1, 2007. alleged violations of rico statute, scheme defraud. accused trump of misrepresenting trump university make tens of millions of dollars while delivering neither donald trump nor university. suit named donald trump sole defendant , sought restitution damages, including punitive , treble damages.

in order dated october 24, 2014, u.s. district judge gonzalo p. curiel certified class proposed plaintiff , ruled cohen had presented enough evidence allow lawsuit proceed. alan garten, general counsel trump organization, said trump university appeal curiel s ruling, said showed manifest disregard law . in october 2015, garten said trump ask curiel recuse himself because of animosity toward mr. trump , views . however, trump s lawyers never filed motion recuse, , according legal experts such motion lack legal merit , possibly considered frivolous.

in may 2016, curiel set trial on suit begin november 28, 2016, after u.s. presidential election, jury selection several weeks earlier.

in august 2016, district court denied trump s motion summary judgment, ruling there sufficient evidence against trump case go jury.

on november 10, 2016, curiel denied request trump delay trial until after inauguration president of united states of america. @ same time curiel urged parties in lawsuits work toward settlement, , both sides agreed accept offer u.s. district judge jeffrey t. miller facilitate such talks.

public release of court documents

on may 27, 2016, curiel granted request washington post public release of documents had been filed in case. noted routine , many publicly available. released information included playbooks documenting instructions employees use hard-sell approach, depositions in former employees said trump university had defrauded or lied students.

on august 2, 2016, court denied request washington post , other media organizations public release of hours of videotaped testimony trump s 2 depositions in cohen, taken in november 2015 , january 2016. transcripts of depositions had been released, showing trump repeatedly indicated had never met instructors @ trump university, despite advertisements program indicating staff had been handpicked real estate mogul. trump s attorneys had opposed requests release videotapes. curiel ruled there legitimate public interest in content of deposition, interest satisfied via public release of transcripts. judge noted if videos publicly released, nigh-inevitable footage used in news accounts , political ads, might prejudice jury pool pre-trial.

trump s comments curiel

during primary campaign speeches, trump repeatedly called judge hater , described him spanish or mexican (curiel born in indiana parents had immigrated u.s. mexico). trump said curiel should recuse himself, although attorneys said did not plan ask judge removed case. curiel s comment write in procedural ruling trump has placed integrity of these court proceedings @ issue . trump s references curiel s ethnicity, comments ought judge, alarmed legal experts, expressed concern effects of comments on judicial independence.

on june 7, 2016, trump issued lengthy statement saying criticism of judge had been misconstrued , concerns curiel s impartiality not based upon ethnicity alone, upon rulings in case.

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