who appointed trump university plaintiffs attorney

by Ms. Julie Stracke Sr. 9 min read

Will trump's lawyers seek to delay Trump University fraud case?

"Trump's lawyers seek to delay fraud case—until after he is sworn into office". The Washington Post. Archived from the original on November 11, 2016. Retrieved November 11, 2016. ^ "Settlement Urged In Trump University Fraud Trial". CBS 2 News. Associated Press.

Did the Texas Attorney General file a lawsuit against Trump University?

In May 2010 the consumer protection division of the state of Texas sought permission from the office of the Attorney General of Texas to file a law suit against Trump University.

Who is the lead plaintiff in low v Trump University?

On March 21, 2016, over objections from the attorneys for Trump University, Curiel allowed Makaeff to withdraw as the lead plaintiff, naming Sonny Low in her stead, resulting in the case title Low v. Trump University, LLC.

Is the New York attorney general investigating Trump's for-profit school?

^ Barbaro, Michael (May 19, 2011). "New York Attorney General Is Investigating Trump's For-Profit School". The New York Times. Archived from the original on February 27, 2016. Retrieved June 7, 2016.

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How many lawsuits were filed against Trump University?

There were, during the 2016 campaign, three pending cases against Trump and Trump University, one brought by New York Attorney General Eric Schneiderman and two California-based class action lawsuits. Former Trump U. students claim that Trump did not provide the curriculum, resources, and opportunities promised.

When did the Trump trial start?

The plaintiffs asked for the case to go to trial during the summer of 2016, but, on March 18, 2016, Trump's lawyers asked for the trial to be delayed until after the 2016 presidential election. On May 7, 2016, United States District Court for the Southern District of California Judge Gonzalo P. Curiel scheduled jury selection to begin on November 28, 2016.

What was the New York v Trump case about?

The Trump Entrepreneur Initiative, LLC., New York state Attorney General Eric Schneiderman (D) alleges that Trump and his associates engaged in "deceptive acts and practices and false advertising" about the educational program that they offered. Students were promised that their teachers would be real estate "experts" who were "handpicked" by Trump, which was not the case. They were also promised that they would "recoup the cost of the courses in a few months with 'insider' access to special financing and close mentoring by Trump instructors who would coach students through their first real estate deal." In addition, students were promised that they would learn Trump's "personal strategies and techniques for real estate investing," but they were not. The materials for the course were created by a third party organization, not Trump.

How many pages are there in the Trump University book?

A March 2014 Atlantic article uncovered the features of "a 41-page 'Private & Confidential' playbook printed on Trump University letterhead" that detailed how Trump University employees were expected to sell seminars and mentorships to prospective students. Here are the highlights of the playbook, according to The Atlantic :

Why did Judge Curiel have an absolute conflict of interest?

In an interview with The Wall Street Journal on June 2, 2016, Trump said that Judge Curiel had “an absolute conflict of interest” in the cases against Trump University because he was “of Mexican heritage” and a member of an association of Latino lawyers. “I’m building a wall. It’s an inherent conflict of interest,” Trump said.

How much did Trump settle the class action lawsuits?

Trump agreed to pay $21 million to settle the class-action lawsuits in California and $4 million to settle the case with the New York attorney general's office. According to The New York Times, a court will need to approve the settlement, "which could take months."

What did Ted Cruz say about the lawsuit against Trump?

Later in the debate, Ted Cruz discussed the status of one of the lawsuits against Trump, saying, "You know, Marco made reference earlier to the litigation against Trump University. It's a fraud case. His lawyers have scheduled the trial for July. I want you to think about, if this man is the nominee, having the Republican nominee...on the stand in court, being cross-examined about whether he committed fraud. You don't think the mainstream media will go crazy on that?"

What are the lawsuits against Trump University?

Three lawsuits were filed asserting that Trump University engaged in a variety of illegal business practices, ranging from false claims to racketeering. Two were federal class actions: one against Trump University and its managers, including Donald Trump, and one against Donald Trump personally. A third case was filed in New York State court.

What did the judge decide in the Trump University defamation case?

On August 23, 2010, U.S. district judge Irma E. Gonzalez ruled that Trump University was not a public figure, did not need to show malice on Makaeff's part, and could proceed with its defamation claim. Makaeff appealed to the Ninth Circuit Court of Appeals, where a three-judge panel ruled unanimously on April 17, 2013, that Trump University is a "limited-purpose public figure" and that Trump University must demonstrate malice on Makaeff's part to establish defamation; it returned the case to the district court to consider the defamation claim against that standard. After additional briefing, U.S. district judge Gonzalo P. Curiel ruled in Makaeff's favor on June 16, 2014, and dismissed the defamation claim. Makaeff then, at the court's invitation, presented evidence of her legal costs and fees in connection with the defamation litigation. She asked for $1.3 million, and on April 20, 2015, Curiel ordered Trump University to reimburse Makaeff $798,000 in legal fees and costs.

Why did Trump ask Curiel to recuse himself?

In October 2015, Garten also said Trump would ask Curiel to recuse himself because of his "animosity toward Mr. Trump and his views". However, Trump's lawyers never filed any motion to recuse, and according to legal experts such a motion would lack legal merit and possibly be considered frivolous.

How much did Trump settle the class action lawsuit?

On November 18, 2016, it was reported that Trump had agreed to pay $25 million to settle the two class actions and the New York suit. The settlement was reached ten days before the San Diego class action was scheduled to go to trial. $21 million will go to the participants in the class actions, $3 million will go to New Yorkers not covered by the class actions, and a penalty of up to $1 million will be assessed by the state of New York for running an unlicensed university. The plaintiff's attorneys agreed to forgo their fees and work pro bono as to maximize the amount that will go to the approximately 7,000 former Trump University students who are part of the case. The settlement also specifies that Trump, who had previously vowed he would never settle, does not admit to any wrongdoing. The settlement was brokered by U.S. district judge Jeffrey T. Miller, who offered his services to the parties on November 10 at Curiel's request. Curiel approved the settlement on March 31, 2017.

Why did Trump settle for a small fraction of the potential award?

New York Attorney General Eric Schneiderman said the settlement and payment by Trump, "is a stunning reversal by Donald Trump and a major victory for the over 6,000 victims of his fraudulent university." Trump himself said he settled "for a small fraction of the potential award" because he was too busy as president-elect to take it to trial. He added: "The ONLY bad thing about winning the Presidency is that I did not have the time to go through a long but winning trial on Trump U. Too bad!"

How did Trump University get sued?

The lawsuits centered around allegations that Trump University defrauded its students by using misleading marketing practices and engaging in aggressive sales tactics . The company and the lawsuits against it received renewed interest due to Trump's candidacy in the 2016 presidential election. Despite repeatedly insisting he would not settle, Trump settled all three lawsuits in November 2016 for a total of $25 million after being elected president.

What is Trump University?

Trump University was incorporated in 2004 by Trump, Sexton, and Spitalny, as a New York limited liability company. Donald Trump owned 93% of the company. On May 23, 2005, Trump University formally launched its education program. At the opening presentation, Trump said: "If I had a choice of making lots of money or imparting lots of knowledge, I think I'd be as happy to impart knowledge as to make money." According to the Washington Post, part of the school sales pitch was, "the billionaire had made enough money for himself. Now, he would put his famous brain to work for the little guy". High prices were charged for seminars and programs not to enrich Trump, but so that (as one teacher explained to students) “you assume personal responsibility for doing the work.”

When was Ludwig nominated?

On March 3, 2020, his nomination was sent to the Senate. President Trump nominated Ludwig to the seat vacated by Judge Rudolph T. Randa, who took senior status on February 5, 2016. On June 17, 2020, a hearing on his nomination was held before the Senate Judiciary Committee.

When did Ludwig dismiss the lawsuit?

On December 12, 2020, Ludwig dismissed a lawsuit filed by Donald Trump and his lawyers against the Wisconsin Elections Commission in an effort to overturn the results of the 2020 United States presidential election in Wisconsin.

How the case began

When Zeldes heard about Makaeff’s call to her firm — a four-person operation in 2010 — her ears perked up.

Trump fights back

Early on in the case, Trump delivered a counter punch, suing Makaeff for defamation.

Case put in national spotlight

U.S. Sen. Marco Rubio injected Trump University into the national conversion in February when he leveled a series of attacks against Trump during a televised Republican presidential debate.

Trump gets deposed

Attorneys found a more cooperative, engaged Trump in his final two depositions, in December 2015 and January 2016.

Both sides get ready for the trial

In federal court, the vast majority of civil cases settle. In this case, it was assumed by everyone that the battle would be waged at trial.

The Class Certification Orders

On October 7, 2013, Judge Curiel denied the plaintiffs’ motion to file an amended complaint that would add a civil RICO claim and would extend discovery. This order precluded the plaintiffs from adding a new claim and a host of new evidence to their case, and it forced them to rush to prepare their case for the class certification hearing.

The Summary Judgment Orders

On November 18, 2015, Judge Curiel ruled on Trump’s and Trump University’s motions for summary judgment, granting them in part and denying them in part.

The Orders Specific To Plaintiff Makaeff

On April 17, 2013, the Ninth Circuit decided the appeal of an order entered by Judge Curiel’s predecessor on the case. In short, after Makaeff sued Trump University, Trump University countersued Makaeff for defamation, Makaeff filed a motion to dismiss the countersuit under California’s “anti-SLAPP” law, and the court denied the motion.

Summing Up

Judge Curiel is doing his job like a normal judge, issuing rulings consistent with the case law. But you already knew that.

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