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n a recent legal filing, attorneys argued that their request for approximately $36.9 million in fees was both reasonable and appropriate given the risk and hours involved in the Gibson commissions case. The case was one of several copycat lawsuits filed after the landmark Sitzer/Burnett case, which had a national scope and involved nine brokerage companies, including Compass and Redfin.

    The attorneys representing the home sellers submitted an August 20th filing asking the court to approve their request for one-third of the settlement proceeds, totaling around $36.9 million, to cover legal fees. They also requested an additional amount to cover remaining case expenses, totaling approximately $13.1 million, of which $12.9 million has already been paid. Additionally, they asked for "service awards" of $10,000 each for the named plaintiffs and settlement class representatives.

    The settlements in question were reached earlier this year and are set to be finalized on October 31st. Compass had the largest payout in the case, settling for $57.5 million, while Redfin and Real Brokerage agreed to pay $9.25 million each in damages. Other companies in this group include Realty ONE ($5 million), @properties ($6.5 million), Douglas Elliman ($7.75 million), Engel & Völkers ($6.9 million), HomeSmart ($4.7 million), and United Real Estate ($3.75 million).

    The attorneys' justification for their request is based on the extraordinary results achieved in this case and others, including the largest payouts yet to come: $418 million from the National Association of Realtors and $250 million from HomeServices of America, both scheduled to be finalized on November 26th.

    This request is consistent with previous settlements in which attorneys received approval for approximately one-third of the combined $208.5 million award in the RE/MAX, Anywhere, and Keller Williams settlements. In approving those fees, U.S. District Court Judge Stephen Bough acknowledged that antitrust claims are challenging to prosecute.

    The exact amount class members will receive is still uncertain, but it could range from tens to hundreds of dollars. The return rate for claim notices is typically less than 10% of eligible class members, and often this figure is less than 1%.