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Another group of plaintiffs is appealing the settlements with RE/MAX, KW and Anywhere, while the real estate companies have filed new claims against Button.
New developments in the two Commission cases could have major implications for settlement agreements and homebuyer class actions.
Another Appeal: Several plaintiffs in a South Carolina copycat lawsuit have appealed a $208.5 million settlement reached by Anywhere, Keller Williams and RE/MAX in a seller-fee lawsuit.
On July 1, Benny Cheatham, Robert Douglas, Douglas Fender and Dena Fender appealed the final approval to the U.S. Court of Appeals for the Eighth Circuit. Each was a plaintiff in the Barton lawsuit, filed in November, which is similar to the Sitzer/Barnett lawsuit but targets only NAR and Keller Williams.
The group has joined a company called Spring Way and a group of defendants in the Baton case in appealing the settlement approved by Judge Steven Baugh on May 9. The July filing did not list grounds for appeal, and details are usually filed later.
More arguments to dismiss Button: While the three brokerages face backlash over the settlement, they are also fighting to have the buyer's lawsuit dismissed.
Everywhere, KW and RE/MAX filed motions to dismiss the Batton 1 lawsuit on July 1. Brokers in a related lawsuit, Batton 2, are also seeking to have that lawsuit dismissed.
Baton 1, a lawsuit filed by homebuyers in federal district court in Illinois three years ago, is currently in the motion stage, including a motion to dismiss the case in April. In the latest motion, the three defendants say the plaintiffs have failed to show a nexus between their claims and the remaining defendants for personal jurisdiction in Illinois, as was the case against HomeServices of America, which was dismissed from the lawsuit in February.
The defendants say the only allegation linking their lawsuit to Illinois is a nationwide conspiracy to fix real estate commission prices, which Judge Andrea Wood dismissed when she dismissed the lawsuit against HomeServices.
The three defendant real estate brokerages have reached settlements with the home sellers, but the lawsuit is ongoing because it was brought by home buyers.