Makaeff v. Trump University, LLC
United States Court of Appeals for the Ninth Circuit
736 F.3d 1180 (2013)
Tarla Makaeff (plaintiff/counter-defendant), a Trump University customer, sued the for-profit education company (defendant/counter-plaintiff) for deceptive business practices, prompting Trump University to counterclaim for defamation; Makaeff moved to strike that counterclaim under California's anti-SLAPP statute, arguing Trump University was a public figure that would need to prove actual malice to prevail on defamation. The trial court denied the motion to strike, and Makaeff appealed to the Ninth Circuit.
Whether a defamation claim brought by a public figure must show a reasonable probability of proving by clear and convincing evidence that the defendant acted with actual malice in order to survive an anti-SLAPP motion to strike.