Motion to consolidate pending litigation denied

Prior to the announcement of the proposed NAR settlement, a motion was filed by plaintiffs to consolidate and centralize the numerous real estate commission antitrust cases pending across the country. Texas REALTORS® submitted a response opposing the proposed centralization (which would have only related to initial procedural issues and not any actual trial.) At the time the motion was made, there were nine cases brought by sellers pending in seven different federal court districts. Since the filing, fourteen different cases were added to the dockets in nine districts.

As a result of the proposed settlement, the Judicial Panel on Multidistrict Litigation, which makes the decision on whether or not to allow centralization, has issued an order denying the request. In the order, the panel states, "Given the broad contours of this new settlement agreement and the changing landscape of the parties’ positions on centralization, we think it wise to deny centralization at this time. The settlement may well resolve at least some claims in this litigation, if not many."

See the full order here.