Tuccori judge not ready to OK settlements; Compass, NAR cooperate
The judge in the homebuyer class action wants info on the “adequacy” of the deals. Plus, NAR says it won’t subpoena Compass execs in PLS case; more court news.
Key points:
- The Illinois judge overseeing the Tuccori case wants more details before approving settlements with NAR and major brokerages, including the benchmarks used.
- NAR and Compass leaders filed a joint stipulation in the PLS case, with Compass agreeing to provide certain documents and NAR agreeing to withdraw subpoena requests.
- A judge denied Zillow’s motion for reconsideration in an antitrust suit involving an alleged "illegal tying arrangement” between its Preferred program and Zillow Home Loans.
Parties involved in the homebuyer commission lawsuit known as Tuccori are still waiting to learn if the court will grant final approval of class-action settlements in the case. According to recent filings, the court needs further information before making its decision.
In other legal updates, ex-luxury brokers the Alexander brothers have filed appeals for their 30-year sentences, NAR will no longer subpoena Robert Reffkin and Cory Perkins in a case involving ThePLS.com, Zillow is still on the hook in an antitrust case over alleged "illegal tying arrangements" and more. Here's the latest.
Tuccori judge wants more info about settlement amounts
A hearing in the Tuccori homebuyer commission lawsuit, held on Nov. 2 in the Northern District of Illinois Eastern Division District Court, was expected to conclude with a ruling on final approval of several proposed settlements in the case. The deals in question involve NAR and a slew of brokerages, including Douglas Elliman, Compass, HomeServices of America, eXp, United Real Estate, Anywhere and others. However, following that hearing, Judge Lindsay C. Jenkins said she needs further information before making a determination.
According to a Nov. 6 filing, Judge Jenkins wants to know how settlements in the homeseller class-action cases serve as an appropriate benchmark for determining if the proposed settlements in Tuccori are adequate. In particular, the court requested support for any assumptions about class size and the value of seller claims versus buyer claims.
The judge also requested information about how each settling defendant's ability to pay and their transaction volume influenced their proposed agreement. Judge Jenkins likewise requested benchmarks for "substantive adequacy" from other purchaser class actions, an estimate of per-claimant and per-class member recovery (based on the proposed settlements) and information that will allow the court to determine the "net expected value of continued litigation," aside from the homeseller settlements, including any potential recoveries at trial.
NAR no longer asking to subpoena Compass execs, agents
Following a squabble between NAR and Compass in a lawsuit over the Clear Cooperation Policy, the court has set straight questions over outstanding subpoenas and depositions. Last month, Compass alleged that NAR's subpoenas to three of the brokerage's execs and three agents were "unduly burdensome," and an effort to intimidate them into not testifying in the lawsuit against ThePLS.com, rather than genuinely seeking information.
In a joint stipulation filed on Nov. 9 in New York, the lawsuit parties proposed that Compass Chief Strategy Officer Ashton Alexander give a deposition, limited to 5 hours or less, with time equally divided between NAR and ThePLS.com, and provide any documents relevant to the case. It also proposed that Compass CEO Robert Reffkin and Compass President of Integrated Services Cory Perkins not be subpoenaed by NAR. The judge has not yet ruled on that joint filing.
However, a Nov. 10 order from a judge in California granted a similar joint stipulation filed in the case by NAR and three Compass agents the association had sought to subpoena. Per the judge's order, the agents' motion to quash the subpoenas and their request for sanctions against NAR have been stayed as the parties "continue their efforts to resolve the disputes without court intervention."
Moehrl remains stayed
Plaintiffs and defendants in the Moehrl homeseller class-action commission lawsuit submitted a status report on Nov. 6 noting that certain objectors to the settlements obtained by defendants named in the case have stated that they may "petition for certiorari," or appeal to a higher court to change the court's decision. To date, all rehearing requests related to the settlements have been rejected.
Pending any additional appeals, the homeseller plaintiffs and defendants (which include NAR, Anywhere, HomeServices of America, REMAX and Keller Williams) requested the court maintain the existing stay in the case, meaning that few updates are expected until objectors appeal to a higher court.
Court denies Zillow's reconsideration request in steering case
On Nov. 10, a U.S. District Court in Seattle struck down Zillow's request to reconsider the portal's previous ask to dismiss an antitrust case regarding an alleged "illegal tying arrangement" with Zillow's Preferred program. A Washington team leader named Stephanie Dupuis filed the lawsuit in January claiming Zillow penalized agents in its Preferred (formerly Flex) program who did not steer clients to Zillow Home Loans.
The court initially denied Zillow's motion to dismiss the lawsuit in September, after which the portal submitted a motion for reconsideration. This week, the court denied Zillow's request yet again, poking holes in its legal arguments and asserting that plaintiffs had sufficiently pleaded the antitrust harm they suffered. So for now, Zillow will have to continue to fight the litigation.
Alexander brothers file appeals
Tal, Oren and Alon Alexander also filed appeals of their 30-year jail sentences on Nov. 10. After being found guilty of conspiracy to commit sex-trafficking in March 2026, the brothers were sentenced to 30 years in prison on Oct. 27, 2026.