Donald Trump is having a bad time. The stock market has plunged more points than in any time in history. First Lady Melania Trump refused to hold his hand as they boarded the presidential helicopter, and Robert Mueller pressed ever closer with the Russia investigation. Then, it got better—but only slightly
A federal appeals court ruled that the $25 million settlement to resolve the lawsuits claiming Trump University was a fraud would stand. The president was sued, because he offered people an opportunity for big bucks to study under Trump and learn how to make millions in real estate. The so-called university was not accredited, and Trump never showed.
Florida bankruptcy attorney Sherri Simpson paid $19,000 to attend Trump’s class and mentorship program. Her attorneys argued that thousands of Trump University participants received letters that said they had the right to opt out of the $25 million class-action lawsuit “immediately or after any settlement was proposed.”
‘Reading the notice as a whole and in context, we conclude that it promised only one opportunity to opt out. The correct inquiry here is what an average class member would have understood the notice to guarantee … and the actions of the class members in this case bolster our conclusion that a reasonable reading of the notice precludes Simpson’s interpretation. Among over eight thousand class members, Simpson is the only one advancing this understanding of the notice.’
In a footnote, Nguyen wrote:
‘Plaintiffs repeatedly characterize Simpson’s argument as “attorney-manufactured,” The timeline and evolution of her objection support that assertion, but our court would have little work to do without creative arguments “manufactured” by zealous attorney advocates.’
‘Both classes of plaintiffs would have faced significant hurdles had they proceeded to trial, including the difficulty of prevailing in a jury trial against either the President Elect (if the trial had proceeded as scheduled) or the sitting President (if the trial had been postponed, as Defendants requested). Under these challenging circumstances, the district court acted well within its discretion by approving the settlement.’
‘I’m not surprised, but we are disappointed that there will never be a public trial on Trump University and that all of the lurid facts about the fraud won’t receive the public hearing they deserve.’
Attorney Jason Forge worked on the issue for years. He welcomed the results in an email that read:
‘Thrilled for the students and really grateful the Court recognized the urgency of getting this money to them. Justice expedited is justice extended.’
New York Attorney General Eric Schneiderman will distribute $4 million of the proceeds. He released this statement:
‘For years, President Trump refused to compensate the victims of his sham university. His reversal in 2016—and the large-scale settlement that resulted—opened the door for student victims to finally obtain the restitution they deserve. My office will continue to hold those who commit fraud accountable, no matter how rich or powerful they may be.’
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