A judge has ruled in defendants’ favor over the class certification dispute in the largest homebuying commission case: Batton vs. The National Association of Realtors® (NAR).Â
Judge LaShonda A. Hunt granted a motion by defendants in the case, who include big brokerages along with NAR, ruling that the plaintiffs’ motions for Class Certification “stricken without prejudice to refiling (meaning they may refile).”
The class certification dispute originates from the defendants having all previously settled antitrust claims against them in the Burnett case, which covers claims related to price fixing and conspiracy to inflate commissions by homesellers—but not necessarily homebuyers.
Plaintiffs in the Batton case were attempting to certify a class that includes many people who are also class members in Burnett who are bound by an injunction preventing them from “filing, commencing, prosecuting, intervening in or pursuing…claims arising from or relating to transactions where settlement class members either sold or purchased a home on any multiple listing services (MLS) nationwide.”
In a statement provided to RISMedia, an NAR spokesperson said Hunt “rightly acknowledges that the Plaintiffs improperly attempted to certify a class that, as estimated by the plaintiffs, includes nearly 4 out of 5 of individuals who are barred from participating in this case under the Sitzer/Burnett settlement.”
Anywhere previously stated that the overlap affects approximately 79% of the proposed class, based on plaintiffs’ own analysis.
According to the NAR spokesperson, the case is stayed “pending a ruling” on the Batton plaintiffs’ appeal of the Burnett settlement ruling, though in her order Hunt seemed to open the door for some aspects of the Batton litigation to proceed before that decision.
The ruling could represent a significant setback for plaintiffs as the case had been moving forward with billions in estimated damages across around 20 states. Hunt’s ruling stipulates that all parties must “meet and confer and file a joint status report setting forth what class certification/expert discovery remains, whether any of that can proceed or should be stayed until the Burnett appeal is resolved.”
Plaintiffs behind the Batton case appealed a ruling in Burnett, in which Judge Stephen R. Bough, who oversaw that case, decided that defendants who settled in the lawsuit had immunity from claims by buyers who also sold homes during the relevant time period. The Batton plaintiffs said they expect the appeals court to hear arguments over that issue in early 2026.
Anywhere previously presented the court with three options to address the dispute:Â
- Striking plaintiffs’ current motion for class certification, but allowing them to refile with a proposed class, and supporting analysis that would not violate Burnett’s final approval orders
- Temporarily staying the class certification proceedings until resolution of the plaintiffs’ appeal of the Burnett ruling (claiming this is likely to happen early in 2026).
- Continuing forward with scheduled oppositions to plaintiffs’ current motion, with the understanding that the proposed class cannot be certified consistent with the Burnett orders
Hunt appears to have chosen to follow some of the route of Anywhere’s options in her ruling, as she also terminated plaintiff’s motions to amend the case schedule and to file a second corrected motion for class certification, as well as stayed all briefing on class certification and related experts under further notice.
Hunt added that expert discovery may continue if the parties agree.
Parties in the case now must file a joint status report by Nov. 24 on how to proceed with class certification, as well as “any other pertinent information.”
Editor’s note: this story was updated with a response from NAR at 7:51 p.m. eastern time.
