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AR and other parties must purge and resubmit their briefs by September 15. Law professor Tanya Monestier, who appealed, hailed the decision as a “critical” victory. Appeals began a day after a judge approved NAR’s landmark settlement of the Sitzer/Burnett commission suit last November. The Eighth Circuit clarified that it will rely solely on evidence presented at the trial—no new material will be admitted. Monestier had earlier objected to the settlement, arguing the plaintiffs lacked standing to challenge industry practices. On September 10, the court rejected a motion from NAR, Brown Harris Stevens, and The Agency to add fresh content. It also agreed with appellants that the Burnett brief improperly cited those materials. Consequently, the sellers led by Rhonda Burnett and defendants—NAR, HomeServices, Keller Williams, Anywhere, RE/MAX, Brown Harris Stevens, and The Agency—must delete the disallowed content and resubmit by September 15. The ruling could postpone oral arguments to later this year or early 2026.
