U.S. Court of Appeals for the Seventh Circuit Denies Motion to Overturn Class Certification in Moehrl Restraint of Trade Lawsuit

On Wednesday, May 24, 2023, the U.S. Court of Appeals for the Seventh Circuit denied a motion to overturn class certification in the Moehrl restraint of trade lawsuit. The lawsuit, which was filed in 2019, alleges that the National Association of REALTORS (NAR), along with Anywhere (formerly known as Realogy), Keller Williams, RE/MAX, and HomeServices of America have engaged in anticompetitive practices that have harmed consumers.

NAR and the brokerages argued that the class should not be certified because the plaintiffs could not show that they were harmed by the alleged anticompetitive practices. However, the court found that the plaintiffs had met their burden of showing that they were likely to succeed on the merits of their claims.

The court’s decision to deny the motion to overturn class certification is a significant victory for the plaintiffs in the Moehrl lawsuit. It means that the case will now proceed as a class action, which could potentially involve thousands of plaintiffs.

The implications of the Moehrl lawsuit for the real estate industry are significant. If the plaintiffs are successful in their lawsuit, it could lead to major changes in the way real estate is sold in the United States. NAR and the brokerages could be forced to change their business practices, and consumers could benefit from lower prices and more choices.

The Moehrl lawsuit is still ongoing, and it is not yet clear what the ultimate outcome will be. However, the court’s decision to deny the motion to overturn class certification is a major step forward for the plaintiffs, and it could have a significant impact on the real estate industry.

The implications of the Moehrl lawsuit for the real estate industry are significant. If the plaintiffs are successful in their lawsuit, it could lead to major changes in the way real estate is sold in the United States. NAR and the brokerages could be forced to change their business practices, and consumers could benefit from lower prices and more choices. The Moehrl lawsuit could lead to increased competition in the real estate industry. This could benefit consumers by leading to lower prices and more choices.

The Moehrl lawsuit is still ongoing, and it is not yet clear what the ultimate outcome will be. However, the potential implications of the lawsuit for the real estate industry are significant. If the plaintiffs are successful, it could lead to major changes in the way real estate is sold in the United States.

In addition to Moehrl, another class action lawsuit Burnett (formerly Sitzer)  is scheduled to go to trial on October 16, 2023. The lawsuit, which was filed in 2019, alleges that the National Association of Realtors (NAR) and five major real estate companies have engaged in anticompetitive practices that have harmed consumers. The plaintiffs in the lawsuit are home sellers who allege that they were forced to pay higher commissions than they would have if not for the NAR’s rules. NAR and the real estate companies have denied the allegations and have vowed to fight the lawsuit. The trial is expected to last several weeks and could have a significant impact on the real estate industry. If the plaintiffs are successful, it could lead to major changes in the way real estate is sold in the  United States.

Here are some of the key dates in the case:

• April 2019: The lawsuit is filed in federal court in Missouri.
• May 2020: The court grants class certification, allowing the case to proceed on behalf of all home sellers who have paid commissions in Missouri since 2014.
• September 2022: The court denies the defendants’ motion to dismiss the case.
• October 2023: The trial is scheduled to begin.

Like Moehrl the Burnett (formerly Sitzer) lawsuit is one of several lawsuits that have been filed against NAR in recent years alleging anticompetitive practices. The outcome of the case could have a significant impact on the real estate industry and could lead to major changes in the way real estate is sold in the United States and result in hundreds of billions in damages.