Plaintiffs push back on NAR’s bid to settle Tuccori commission lawsuit

The Batton homebuyer commission lawsuit plaintiffs have unsurprisingly taken a stand against the National Association of Realtors’ (NAR) decision to settle the homebuyer antitrust claims by opting-in to the Tuccori homebuyer commission lawsuit settlement. 

Due to the settlement, which was announced last Friday, NAR filed a motion to stay the Batton litigation, in which it is a defendant. On Wednesday, the Batton plaintiffs filed a memorandum in opposition to NAR’s motion to stay the Batton lawsuit.

In the filing, the Batton plaintiffs claim that NAR is asking the court to “compel” them “to stand aside while it proceeds with its reverse-auction Tuccori settlement that, if approved, will extinguish a significant portion [but not all] of Plaintiffs’ claims against NAR in this case.”

This is not the first time the Batton plaintiffs have taken issue with a defendant in their litigation opting into the Tuccori settlement. 

In March, the Batton plaintiffs filed a motion for a preliminary injunction seeking to prevent Hanna Holdings from proceeding with its proposed settlement in the Tuccori lawsuit. This came after the Batton plaintiffs filed a motion to intervene in the Tuccori lawsuit and a motion for a preliminary injunction seeking to block Anywhere Real Estate from obtaining preliminary approval for the settlement the firm negotiated in the lawsuit via the opt-in mechanism. 

These motions were denied, but the Batton plaintiffs have also sought to appoint the Tuccori plaintiffs’ attorneys as interim co-lead counsel in the Batton lawsuit. Additionally, despite denying their attempt to block Anywhere’s settlement, the court did allow the Batton proceedings involving Anywhere to continue, denying the firm’s motion to stay the lawsuit despite its pending settlement in the Tuccori lawsuit. 

In this ruling the court wrote that it would be “presumptuous” to treat the “final approval of the settlement and resolution of all claims against Defendant Anywhere as a foregone conclusion” and stay the Batton litigation. The Batton plaintiffs argue that this same argument can apply to NAR’s settlement. Additionally, the plaintiffs note that NAR has not yet filed for preliminary approval of its settlement in the Tuccori lawsuit. 

The Batton plaintiffs also argue that a stay would prejudice them and cause delay, especially if the settlements do not gain final approval. 

The parties are meeting on Thursday for a hearing on the motion. 

In an emailed statement, an NAR spokesperson wrote that the trade group stands by its settlement.

“NAR looks forward to the Tuccori court’s final hearing and approval process,” the spokesperson added. “NAR maintains that the settlement process established by the Tuccori court is fair, reasonable, and in the best interests of the class. NAR intends to vigorously defend the settlement it reached after mediation and negotiations before the court-appointed mediator, Judge James Holderman.”