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udge LaShonda A. Hunt of the U.S. District Court for the Northern District of Illinois criticized the Batton plaintiffs on November 4 for proposing a class that included buyers who also sold homes—claims already covered by earlier settlements. She said the motion “cannot really be certified” because it would force those sellers to litigate claims they had been released from. Hunt noted that the earlier Sitzer/Burnett ruling, which barred such buyers from similar antitrust suits, remains in effect until the Eighth Circuit resolves its appeal.

    The Batton case, a buyer‑broker commission lawsuit, accuses the National Association of Realtors (NAR), Anywhere, Keller Williams, and RE/MAX of a nationwide conspiracy that inflated commissions, costing buyers billions. Plaintiffs sought to represent an estimated millions of buyers, but Judge Stephen R. Bough’s prior decision excluded those who also sold homes and were part of the settlement classes. The plaintiffs argued that the court should allow a narrower class or grant a stay pending the appellate decision.

    Hunt rebuked the plaintiffs for not raising the issue earlier and for not requesting a stay. “We have thousands of pages of documents and time and money spent on this motion, and it can’t go forward because you haven’t limited the class definition to exclude those released claims,” she said. She acknowledged Anywhere’s argument that the firm had paid for the release and should not be compelled to litigate those claims, calling it a “fair point” and noting that the relief was part of the Burnett settlement.

    NAR’s counsel, Suyash Agrawal, agreed with Anywhere’s position but urged the court to allow the plaintiffs to redefine the class, though not to add new discovery. “They made their bed. They should lie in it,” Agrawal said, emphasizing that the plaintiffs should be limited to their existing arguments and expert analysis.

    At the hearing’s conclusion, Hunt offered two paths: either the plaintiffs file an amended motion narrowing the class to exclude buyers who were also sellers, or the case is stayed until the Eighth Circuit resolves the appeal. She invited the parties to submit a joint proposal for a follow‑up hearing on November 14.