In a similar case, a federal judge ruled last month a lawsuit started three years ago by plaintiffs Joshua Sitzer and Amy Winger could receive class-action certification. Part of Wood’s decision noted the Moehrl lawsuit is “vindicating the public interest in antitrust enforcement as they are actively challenging the same NAR rules.” A ruling against NAR and Realogy in that case could disrupt the broker commissions model across the country. The federal case, which puts forth a similar argument, alleges commission sharing inflates the costs of sellers.
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In the decision, Wood referenced another case she is overseeing, Moehrl v.
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Listings shortage could endure for years, experts say.A new class action lawsuit could upend the real estate business as we know it.This agent commissions suit could rock the resi industry.The dismissal of the lawsuit is far from the end of NAR’s potential antitrust problems, though. NAR’s senior counsel and director of legal affairs, Charlie Lee, celebrated the judge’s ruling on Tuesday, telling the outlet the decision was “good news.” Wood did dismiss the case without prejudice, meaning Leeder could refile the lawsuit if he is able to argue that he’s a direct purchaser of buyer-broker services. District Court for the Northern District of Illinois Eastern Division sided with the defendants, claiming buyers aren’t eligible for damages from antitrust violations because they are indirect purchasers of buyer broker services. The lawsuit alleged commission sharing between listing and buyer brokers violates the Sherman Antitrust Act, inflating buyer costs in the form of higher home prices. The suit was seeking class-action status. In a 48-page filing, Trump's lawyers said Mehta had allowed the civil lawsuits to proceed against the former president out of a distaste for Trump's speech on January 6, in which the then-president encouraged his supporters to "fight like hell.National Association of REALTORS’ Charlie Lee (LinkedIn, iStock, Illustration by Kevin Cifuentes for The Real Deal)Īs one agent commissions lawsuit against the National Association of Realtors trudges along, the group can breathe a sigh of relief over a similar suit.Ī federal judge this week dismissed a lawsuit filed last year by New Jersey homebuyer Judah Leeder against NAR, Realogy, Keller Williams, RE/MAX and HomeServices of America, Inman reported. Mehta's ruling came a week after Trump asked a federal appeals court in Washington, DC, to grant him immunity from civil lawsuits alleging that his fiery speech on January 6 incited the mob that stormed the Capitol. "Accordingly, President Trump's motions to dismiss are denied," Mehta wrote.
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"The court does not needlessly repeat its reasoning here, but simply adopts and incorporates it by reference," Mehta wrote, specifically that Trump's actions on January 6 "'entirely concern his efforts to remain in office for a second term' and therefore do not fall within the 'outer perimeter' of a president's official responsibilities."
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Trump, in which US Capitol Police officers James Blassingame and Sidney Hemby sued Trump for damages related to injuries they suffered during the riot. Mehta, an Obama appointee, wrote that "the court already rejected President Trump's assertion of immunity" in Blassingame v. In seeking the dismissal, Trump's lawyers said that he was absolutely immune from civil litigation related to the Capitol riot, because he was acting within the "outer perimeter" of his presidential duties.īut US District Judge Amit Mehta refused to dismiss the lawsuits on those grounds, noting that he had previously rejected a nearly identical assertion of absolute immunity that Trump raised in response to other civil lawsuits filed by House Democrats and two Capitol Police officers. 6 concerned "efforts to remain in office for a second term."Ī federal judge on Tuesday rejected Donald Trump's request to toss three civil lawsuits in which Capitol Police officers allege that the former president bears responsibility for injuries law enforcement suffered during the January 6, 2021, attack. The same judge previously dismissed a nearly identical immunity claim that Trump made. A judge rejected Trump's claim that he's immune from civil litigation related to the Capitol riot.