Key facts
- The Eighth Circuit Court of Appeals denied rehearing requests from objectors Monty March and Robert Friedman regarding the Sitzer/Burnett commission lawsuit settlement.
- A rehearing petition concerning the Gibson commission lawsuit settlement, filed by Friedman, remains pending.
- Attorneys for plaintiffs in the Batton homebuyer commission lawsuit have requested nearly $40 million in fees.
- The Tuccori plaintiffs' attorneys have objected to the Batton attorneys' fee request.
- The total settlement fund for homebuyer commission lawsuits is approximately $120 million.
- Many opt-in settlements, including one involving the National Association of Realtors (NAR), are scheduled for a final approval hearing on November 2, 2026.
The Eighth Circuit Court of Appeals has denied rehearing requests from objectors to the Sitzer/Burnett commission lawsuit settlement, marking a survival of the agreement against further challenges. Separately, a rehearing petition related to the Gibson settlement is still pending.
In parallel, disputes over legal fees continue in the Tuccori homebuyer commission lawsuits. Attorneys for plaintiffs in the Batton lawsuit are seeking approximately $40 million, or about one-third of the settlement fund, for their services. The Tuccori plaintiffs' attorneys have contested this request, arguing that the Batton attorneys did not contribute to the creation of the fund. The total settlement fund across these homebuyer commission lawsuits amounts to roughly $120 million, with a significant portion negotiated through the Tuccori suit's opt-in settlement, which many defendants, including the National Association of Realtors, utilized.
The Tuccori attorneys are urging the court to reject the Batton attorneys' claim, asserting they are not entitled to a share of a fund they allegedly did not help establish. Conversely, the Batton attorneys contend that the majority of the settlement funds were paid by defendants in their suits. The resolution of this fee dispute remains uncertain, with many opt-in settlements, including NAR's, slated for a final approval hearing on November 2, 2026. Earlier attempts by Batton plaintiffs and their counsel to block preliminary approval of the Tuccori opt-in settlements were unsuccessful.