HomeServices, Elliman win key rulings in commission lawsuit saga

The Lutz plaintiffs had argued that the settlements constituted a "reverse auction," suggesting the defendants sought a more favorable deal by selecting a plaintiff with weaker claims and counsel. They also noted that the settlements were pursued after most of the defendants' motion to dismiss the Lutz lawsuit was denied.

Judge Moore, in his ruling, stated that the plaintiffs "would not be irreparably harmed without a preliminary injunction," particularly as mechanisms exist for them to challenge the settlement before the court overseeing the Tuccori lawsuit. He characterized the plaintiffs' argument as based on "speculative harm."

Furthermore, Judge Moore granted the defendants' motion to stay the Lutz case until the Tuccori court issues a final decision on the opt-in settlement agreements, which are intended to resolve all nationwide homebuyer commission claims. The judge cited the Tuccori court's preliminary approval, which temporarily enjoined settlement class members from pursuing claims against the settling defendants.

To prevent conflicts between court orders, Judge Moore found a stay of the entire case to be appropriate. The court clerk was also instructed to "administratively close" the case. A final approval hearing for the Tuccori settlements is scheduled for late July.