Key facts
- Four retired federal judges have challenged the opt-in settlement process in the Tuccori homebuyer commission lawsuit.
- The judges argue the current settlement structure could lead defendants to select courts strategically to avoid adverse rulings.
- They are asking the Seventh Circuit Court of Appeals to overturn a lower court's decision that prevented Batton plaintiffs from intervening.
- The National Association of Realtors maintains the settlement is fair and reasonable, offering broad releases to its members.
- A final approval hearing for the settlements is scheduled for November 2.
Four retired federal judges have lodged a challenge against the opt-in settlement process in the Tuccori homebuyer commission lawsuits, arguing it could encourage defendants to engage in 'forum shopping' to secure favorable rulings. The judges, collectively possessing nearly 70 years of experience in federal litigation, have urged the Seventh Circuit Court of Appeals to reverse a district court decision that denied the Batton plaintiffs' attempt to intervene and voice their objections.
In their filing, the retired judges contend that the district court's handling of the matter, by suggesting objections could only be made at the final approval hearing, fails to adequately address structural concerns. They argue that an objection at such a late stage is insufficient to test whether the settlement forum was chosen to avoid adverse rulings, whether the deal reflects reverse-auction dynamics, or whether the opt-in process undermines court coordination tools for overlapping litigation.
If the appeals court sides with the retired judges and reverses the district court's ruling, it could create significant challenges for defendants, including the National Association of Realtors (NAR), Compass, Hanna Holdings, HomeServices of America, and Anywhere. An NAR spokesperson stated that the trade group stands by its settlement, which was approved by the District Court and mediated by a retired judge. The spokesperson added that the settlement aims to resolve buyer-side commission litigation claims while providing protections and a broad release for Realtor members and eligible brokerages, asserting it is fair, reasonable, and in the best interests of the class.
Previously, in May 2026, Judge Lindsay Jenkins granted preliminary approval to the opt-in settlements, finding their terms, including the opt-in agreement amounts, to be fair, reasonable, and adequate. She noted they were negotiated at arm's length in good faith by experienced counsel, including through court-appointed mediation. The judge indicated she would likely approve the agreements, with the final approval hearing scheduled for November 2.