O
n Jan. 14, the U.S. Court of Appeals for the Eighth Circuit in St. Louis will hear oral arguments from a three‑judge panel—Lavenski Smith, Ralph Erickson, and Jonathan Kobes—concerning whether the settlements in the Sitzer/Burnett and Gibson antitrust suits should be upheld. The cases, which scrutinize long‑standing real‑estate commission practices, culminated in a $1 billion‑plus fund that will be paid to millions of home sellers. More than six plaintiffs have filed appeals, challenging the settlements on grounds that the seller class lacks standing, the damages awarded are inadequate, and the parties included are improper.

    The Sitzer/Burnett case, the only one that went to trial, ended with a jury finding that the defendants conspired to keep agent fees high. The Gibson suit was filed immediately after that verdict, targeting a new cohort of brokerages and real‑estate associations. Throughout 2024, the plaintiffs negotiated agreements with most defendants, and the settlements were approved in October and November 2024, with additional Gibson agreements ratified in June 2025.

    By the May 2025 deadline, roughly 2.5 million eligible sellers had submitted claims, which could translate to about $250 per claimant. The upcoming hearing will decide whether these landmark settlements remain in force.