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Last month, some plaintiffs in an ongoing antitrust case involving broker commissions filed a motion with the Judicial Panel on Multidistrict Litigation, centralizing the various lawsuits in the Western District of Missouri, where Sitzer/Barnett has jurisdiction. It asked the panel to move the case to federal court. The case was tried.
The Realtors, which filed a response to the motion on January 23, supports centralizing the 19 board cases currently pending, but does not recommend transferring the cases to the Western District of Missouri. We do not agree with the plaintiffs' argument that it is the most efficient. Instead, NAR believes that the most appropriate venue to hear the pending litigation is the federal court in the Northern District of Illinois.
Creating a more efficient legal process that avoids inconsistent decisions and saves court and party resources by concentrating cases with overlapping factual issues into a single multi-district case. I can. NAR's view is that all related litigation (including buyer and seller litigation) should be included in the consolidation, and that the Northern District of Illinois is best positioned to address the industry-wide issues these litigation raises. There is. NAR believes that the Northern District of Illinois is the most appropriate place to transfer these cases for several reasons, including:
- This is the district where the first Commission lawsuit was filed and is still pending.
- It is the only district where both buyer and seller lawsuits are pending.
- This is the district with the highest number of pending cases.
- NAR's headquarters, and therefore many of the discoveries related to these cases, are located in the same area.
- The district has experience with NAR rules.
- Chicago is centrally located and easily accessible to all parties.
NAR also said it would not oppose transferring the case to the Eastern District of Texas, where the case with the largest number of defendants is pending.
NAR's proposal differs from what the moving plaintiffs' attorneys requested. The plaintiffs are asking that some, but not all, cases be consolidated in the Western District of Missouri. NAR opposes Plaintiffs' transfer proposal because it would result in multiple parallel proceedings and defeat the purpose of consolidation, among other reasons stated in the filing.
JPML will make decisions on these cases after hearing arguments, which are expected to be made in late March.
NAR recognizes that the outcome of the pending litigation could have a significant impact on the real estate industry, which employs approximately 1.5 million people and accounts for approximately 17% of the country's GDP. NAR remains committed to supporting any entities named in counterfeit litigation. For the latest information on ongoing litigation, please visit competition.realtor.
