7/2/19 Class Action Antitrust Litigation Update

July 2, 2019

 

Hello, 

 

As a reminder, NAR will continue to provide regular updates on the class action litigation as it progresses. Please feel free to share these updates with your membership and colleagues. You are also welcome to share the attached FAQ document that has been recently updated.

 

On May 17, NAR filed a motion to dismiss the Moehrl v. NAR lawsuit which we believe demonstrated that the plaintiff's case was not legally viable. In response, the class action attorneys filed an amended complaint on June 14. While the new complaint presents additional plaintiffs and factual allegations, as well as revised arguments, the underlying foundation of it remains the same. The plaintiffs' attorneys continue to misunderstand and mischaracterize the pro-competitive, pro-consumer MLS system, which – as you know – is designed first and foremost with the best interests of buyers and sellers in mind. As expected, the amended complaint also consolidated one of the copycat lawsuits filed in Illinois after Moehrl v. NAR. We will file a motion to dismiss this consolidated complaint on August 9.

On July 10, NAR will file a motion to dismiss another copycat lawsuit filed in Missouri. That motion to dismiss will focus solely on the court's lack of jurisdiction over NAR. We intend to file another motion to dismiss based on the merits of the complaint on August 5.

 

NAR continues to believe these lawsuits are wrong on the facts, wrong on the economics and wrong on the law. We remain confident in our position to stand by the pro-competitive and pro-consumer MLS system.

 

We will continue to keep you informed as events regarding the litigation unfold. In the meantime, we would greatly appreciate if you could inform us of any media inquiries you receive by emailing Mantill Williams, NAR's VP of Public Relations and Communication Strategy, at: mwilliams@realtors.org.

 

Best regards,

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Katie Johnson
General Counsel & Chief Member Experience Officer | Legal Affairs & Member Experience
NATIONAL ASSOCIATION OF REALTORS® | Chicago, IL
Office: 312.329.8372
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