Editor’s note: The COURT REPORT is RISMedia’s weekly look at current and upcoming lawsuits, investigations and other legal developments around real estate.
Gibson plaintiffs argue to transfer Hooper to Missouri
The plaintiffs of the Gibson case have filed a reply in support of their motion to intervene in 1925 Hooper vs. NAR, requesting that the case be transferred to the Western District of Missouri.
The original motion to intervene was filed back in October, as the Gibson plaintiffs were concerned with eXp and Weichert’s settlement in the case (which would extend to their case) and alleged both used the “reverse auction” process to settle for a lesser amount than would have been asked of in the Gibson case.
Now, the Gibson plaintiffs would like Hooper to be transferred to their district as “there are substantial inefficiencies from allowing these cases to proceed in parallel.”
Plaintiffs ask for approval of two settlements
Plaintiffs in the largest Burnett copycat case, known as Gibson, are requesting a judge approve settlements against two additional defendants—namely Baird & Warner and Real Estate One.
Those deals were announced back in October, though details were not made available. According to the latest filing, the settlements are “substantially similar to those reached with the 13 previous Gibson Settling Defendants, as well as those reached with Burnett settling Defendants.”
Real Estate One paid $1.5 million as part of its deal, while Baird & Warner paid $2.2 million.
Plaintiffs are asking Judge Stephen R. Bough of the Western District of Missouri, who is overseeing the case, to provide a preliminary approval for the deals, certify a class, appoint the plaintiffs lawyers as class representatives and direct them to “file, at a later date” a motion to approve notices for the class.
Lawsuit against Alexander Brothers dismissed
One lawsuit amidst several filed against brothers and prominent real estate figures Oren and Tal Alexander, along with their non-real estate brother Alon Alexander, has been dismissed by a judge.
Judge Lewis A. Kaplan of Federal District Court in Manhattan dismissed the sexual assault lawsuit filed Angelica Parker, stating that the statute of limitations had expired for her claim.
The brothers are still facing several other sexual assault claims, both civil and criminal. All three were arrested in Miami Beach back in December, and remain in federal custody in Brooklyn and have been denied bond.
QJ Team extends stay
QJ Team vs. the Texas Association of REALTORS® et al has been extended again. The case was stayed back in September in light of a pending settlement from Fathom Realty.
Judge Sean D. Jordan ruled to extend the stay in regard to Fathom Realty and objections to its settlement. As stated in the filing, the case is stayed pending the “resolution or exhaustion of the objectors’ appeals to the Fathom settlement in Burnett v. NAR.”
The first status report from both parties is set for a due date of March 21, 2025, and due every 60 days following.
Judge in MLS PIN case set hearing date
Federal District Court Judge Patti B. Saris, presiding over the Nosalek v. MLS PIN lawsuit in Boston, said on January 27 that she is ready to move forward with the case, scheduling a preliminary hearing for April 4.
Saris expressed her frustrations with the Department of Justice (DOJ), as the settlement has been pending since the summer of 2023.
“This is the slowest moving situation,” said Saris at a hearing, adding that she is unlikely to grant any more time extensions.
Also at the hearing was Chris Bower, an antitrust lawyer working for the DOJ’s antitrust division, who reiterated that the government still has “concerns” about the NAR settlement. Bower also indicated the DOJ will have more to say about the MLS PIN settlement, which is separate from the NAR deal.
