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Courts this week: Motions filed in Gibson, Homie; eXp update 

Defendants seek dismissals in the Missouri case; leading Utah MLS dropped from lawsuit involving flat-fee brokerage; eXp files settlement.

October 11, 2024
3 mins

While most of the big brokerages have settled in the buyer agent commission lawsuits, there are still skirmishes taking place in U.S. District courtrooms.

Litigation is continuing in Missouri and elsewhere, with a flurry of filings submitted on Friday, Oct. 11.

Multiple motions to dismiss: The remaining Gibson defendants filed motions in the Western District of Missouri arguing for their dismissal in the case. They include Baird & Warner, Berkshire Hathaway Energy, Crye-Leike, Hanna Holdings, K Company, William L. Lyon & Associates, William Raveis Real Estate and Windermere Real Estate.

This is the second attempt at securing dismissals after the parties filed similar motions in July.

In a joint statement, the defendants asserted that the plaintiffs only listed them as defendants because of a "flawed" interpretation of the Clayton Act.

In separate filings, several defendants zeroed in on the lack of jurisdiction as a reason to dismiss, noting that they do not transact business in the region covered by the Missouri court. Chicago-based Baird & Warner, for example, noted that it does not engage in any operations in the district, according to its filing.

"Plaintiffs engage in misdirection because the relevant case law and undisputed facts do not support Plaintiffs' argument for personal jurisdiction over Baird & Warner," attorneys wrote.

These aren't the only objections in Gibson: Several plaintiffs in related lawsuits have filed objections to the settlements reached in the case, arguing that the monetary damages are too small and the settlements could interfere with other ongoing litigation.

Utah MLS off the hook: Wasatch Front Regional Multiple Listing Service, which operates UtahRealEstate.com, was dismissed from the Homie Technology lawsuit.

The MLS was dismissed without prejudice, meaning the plaintiffs could decide to sue Wasatch at a later date. No reason was stated in the filing, which noted that the dismissal only applied to the MLS. The remaining defendants are NAR, Anywhere Real Estate, Keller Williams Realty, HomeServices of America and RE/MAX.

Homie — a flat-fee brokerage based in Utah — is suing over what it alleges is anticompetitive behavior and steering. In its Aug. 22 complaint, the company argued that NAR limits competition in the industry by controlling the nation's MLSs. The complaint also said the brokerages conspired to prevent disruptive innovation.

eXp settlement submitted to the court: After announcing its $34 million settlement through an SEC filing on Oct. 7, the brokerage officially filed documents with the court on Oct. 11.

The filing included a request to pause proceedings in the Gibson case and noted that eXp expects a preliminary motion for approval of the settlement to be filed in the next 45 days.

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