Class Action Number 19-cv-332
Presiding Judge
Case Summary
This class action involves allegations that Defendant National Association of Realtors have anticompetitive rules that require home sellers to pay commission to the home buyer’s broker. Plaintiffs also allege that Defendants Home Services of America, Inc.; BHH Affiliates, LLC; HSF Affiliates, LLC; Keller Williams Realty, Inc.; Realogy Holdings Corp.; and RE/MAX, LLC enforce those rules through anticompetitive practices. Plaintiffs challenge rules in both the National Association of Realtors Handbook and Code of Ethics that allegedly require home sellers to make a blanket offer of compensation to any potential buyer’s broker as a condition of listing their home on the following multiple listing services: Heartland Multiple Listing Service, Columbia Board of Realtors, Mid America Regional Information System, and Southern Missouri Regional Multiple Listing Service. Class members are people who used a Defendant in the sale of their home that was listed on one of the four multiple listing services from April 29, 2015 to present. Plaintiffs allege violations of the Sherman Act, 15 U.S.C. § 1, the Missouri Merchandising Practice Act, Mo. Rev. Stat. § 407.020, and the Missouri Antitrust Law, Mo. Rev. Stat. § 416.031. Defendants deny Plaintiffs’ allegations.
▶ Hearings
- Status Conference with a representative from Huntington National Bank held on October 16, 2025.
- Final Settlement Approval Conference held on November 26, 2024.
- Oral Arguments on Class Certification held on April 18, 2022
- Initial Scheduling Conference held on October 21, 2019
▶ Pleadings
▶ Orders
- Class Certification Order
- Order Denying NAR’s Motion to Dismiss
- Fifth Amended Scheduling Order
- Motion to Compel Arbitration Order
- Summary Judgment Order
- Order Granting Joint Motion for Vacatur of Clerk’s Judgment and Entry of Briefing Schedule for Post-Trial Motions
- Order Granting Motion for Preliminary Approval of Settlements
- Order Granting Motion for Preliminary Approval of Settlement with NAR
- Order Granting Final Approval of Settlements with Keller Williams, Anywhere Real Estate, and RE/MAX
- Order Granting Preliminary Approval of Settlements with Redfin and Engel Volkers
- Order Granting Preliminary Approval of Settlements with United Real Estate and HomeSmart
- Order Granting Preliminary Approval of Settlement with Homeservices Defendants
- Final Settlement Order
- Final Judgment National Association of Realtors
- Final Judgment HomeServices
▶ Settlement Website
▶ Ethics Orders and Notices
- JND Quarterly Accounting June 2025
- Huntington Bank Quarterly Accounting June 2025
- JND Quarterly Accounting October 2025
- Huntington Bank Quarterly Accounting September 2025
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Order on Huntington Bank Hearing
Huntington National Bank recently filed a quarterly accounting and bank statements on $519,030,551.38 in class member monies held in money market accounts paying 3.75%. The Court is deeply interested in the terms and rate of the investment returns. See Manual for Complex Litigation, Fourth, § 21.662, p. 334 (2004) ("the court's equitable powers may be necessary to deal with other problems that commonly arise during administration of settlement but might not be covered by the terms of the agreement. Such problems include... investment of settlement funds... calls for a balance between maintaining security and gaining returns on the investment."). Accordingly, the Court will conduct an in-person hearing with a representative from Huntington National Bank on October 16, 2025, at 2:00 p.m. (CST) in Courtroom 8C, Kansas City before District Judge Stephen R. Bough.
- Notice of Change of Escrow Bank from Huntington Bank to Morgan Stanley
- JND Quarterly Accounting November 2025
- Morgan Stanley Quarterly Accounting November 2025
- JND Quarterly Accounting April 2026
- Morgan Stanley Quarterly Accounting April 2026
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Show Cause Order on Unsealing JND Documents
Upon review of the recently submitted quarterly accounting by JND and Morgan Stanley, the Parties, JND, and Morgan Stanley shall show good cause in writing on or before May 18, 2026, why all contracts, terms, proposals, escrow agreements, invoices, and bank statements should not be publicly filed on ECF and added to the Court's website.
- Plaintiffs and Morgan Stanley's Unopposition to Unsealing JND Documents
- JND's Opposition to Unsealing JND Documents
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Show Cause Order on Appointing Special Master:
It is ORDERED that the parties shall show cause on or before June 18, 2026, why the Court should not appoint a special master under Federal Rule of Civil Procedure 53 to audit past and future JND bills. The parties "may suggest candidates for appointment." Fed. R. Civ. P. 53(b)(1). It is further ORDERED that JND shall receive no payments until the Court has determined whether to appoint a special master. If the Court appoints a special master, the Court will require JND to produce internal employee time sheets, hourly billing records, all billing from outside vendors, all revenue received from vendors either directly or unrelated to this case, and a detailed description of all expenses, including copies of the bills from vendors.
▶ Jury Verdict
▶ Contact Information
Plaintiffs' Counsel |
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Ketchmark & McCreight PC Two Hallbrook Place |
Williams Dirks Dameron LLC 1100 Main Street |
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Boulware Law LLC 1600 Genessee Street |
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Defendants' Counsel |
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NATIONAL ASSOCIATION OF REALTORS Stinson LLP 230 W. McCarty Street |
NATIONAL ASSOCIATION OF REALTORS Cooley LLP 1299 Pennsylvania Avenue, NW |
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NATIONAL ASSOCIATION OF REALTORS ArentFox Schiff LLP - Chicago 233 S. Wacker Dr. |
NATIONAL ASSOCIATION OF REALTORS ArentFox Schiff LLP - Ann Arbor 350 S. Main Street |
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NATIONAL ASSOCIATION OF REALTORS ArentFox Schiff LLP - Los Angeles 555 W. Fifth Street |
HOMESERVICES OF AMERICA, INC. Lathrop GPM LLP 2345 Grand Avenue |
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HOMESERVICES OF AMERICA, INC. Foley & Lardner LLP - Boston 111 Huntington Avenue |
HOMESERVICES OF AMERICA, INC. Foley & Lardner LLP - Washington, D.C. 3000 K Street NW |
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HOMESERVICES OF AMERICA, INC. MacGill PC 156 E. Market St. |
BHH AFFILIATES, LLC Lathrop GPM LLP 2345 Grand Avenue |
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HSF AFFILIATES, LLC Lathrop GPM LLP 2345 Grand Avenue |
KELLER WILLIAMS REALTY, INC. Holland & Knight LLP - Washington, D.C. 800 17th Street NW |
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KELLER WILLIAMS REALTY, INC. Holland & Knight LLP - Chicago 150 N. Riverside Plaza |
KELLER WILLIAMS REALTY, INC. Holland & Knight LLP - New York 31 West 52nd Street |
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KELLER WILLIAMS REALTY, INC. Brown & James, PC 2345 Grand Boulevard |
REALOGY HOLDINGS CORP. Morgan, Lewis & Bockius, LLP - Chicago 77 West Wacker Drive |
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REALOGY HOLDINGS CORP. Morgan, Lewis & Bockius, LLP - New York 101 Park Avenue |
REALOGY HOLDINGS CORP. Morgan, Lewis & Bockius, LLP - Philadelphia 701 Market St. |
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REALOGY HOLDINGS CORP. Armstrong Teasdale LLP 2345 Grand Boulevard |
RE/MAX LLC Horn, Aylward & Bandy, LLC 2600 Grand Boulevard |
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RE/MAX LLC Jones Day - Los Angeles 555 S. Flower Street |
RE/MAX LLC Jones Day - Chicago 110 North Wacker Drive |
