Batton commission lawsuit class on the chopping block

"In this motion, the defendants argued that a ruling by Judge Stephen Bough during his final approval of their Sitzer/Burnett settlements, which settled all home seller commission lawsuit claims, prevented buyers who also sold homes and were part of the settlement class from being eligible to participate in the homebuyer commission lawsuits. According to the motion, this injunction, which is currently on appeal in the Eight Circuit Court of Appeals, would invalidate nearly 80% of the proposed class."

"Judge Hunt then presented two options for the plaintiffs, telling them that she would consider either an amended motion for class certification with a narrowed proposed class or staying the case until the Eight Circuit ruled on the Batton plaintiffs' Sitzer/Burnett appeal. The parties' are expected to present a joint proposal related to this dispute during a hearing on Nov. 14."

"Roughly five years have passed since the Batton suit was originally filed. The lawsuit claims that the defendants all took part in a decades-long, nationwide antitrust conspiracy, which the suit claims caused buyers to pay billions in overcharges. In September, the lawsuit estimated potential damages of $3.6 billion across four MLSs, based on comparisons with foreign markets averaging 1.38% buyer agent commissions."

Defendants argued that Judge Stephen Bough's final approval of the Sitzer/Burnett settlements, which resolved all home seller commission claims, prevents buyers who also sold homes and were in the settlement class from participating in the homebuyer commission lawsuits. The injunction is on appeal in the Eighth Circuit and would eliminate nearly 80% of the proposed Batton class. Judge LaShonda Hunt ruled that Bough's ruling and injunction must be honored until the Eighth Circuit resolves the appeal. She offered plaintiffs either to file an amended class-certification motion narrowing the class or to stay the case. Parties will present a joint proposal on Nov. 14.

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