Batton Plaintiffs Fight Back: Why NAR's Bid to Pause the Lawsuit May Fail

By Frances I. Thorsen, REALTOR®

The National Association of REALTORS® thought its $52.25 million opt-in to the Tuccori homebuyer settlement would buy it a quiet exit from the Batton antitrust lawsuit. The Batton plaintiffs had other ideas.

On April 14, 2026 — just four days after NAR announced its landmark settlement — attorneys for the Batton homebuyers filed a memorandum in opposition to NAR's motion to stay the Batton litigation. The filing is pointed, strategic, and may well succeed.

What Is the Batton Case?

The Batton litigation is a separate homebuyer antitrust class action filed in the Northern District of Illinois. Unlike Tuccori — which covers buyers who used agents affiliated with specific settling brokerages — Batton casts a wider net and seeks broader relief. Keller Williams ($20M) and RE/MAX ($8.5M) have already settled in Batton. NAR, Anywhere Real Estate, and several other defendants remain.

When NAR opted into Tuccori, it simultaneously asked Judge Matthew Kennelly (the Batton judge) to pause all Batton proceedings against NAR while the Tuccori settlement works its way through the approval process. The argument: why litigate the same claims twice?

The "Reverse Auction" Argument

The Batton plaintiffs' opposition memo centers on a single, powerful accusation: that NAR is using the Tuccori settlement as a "reverse auction" — a legal term for when a defendant shops for the cheapest possible settlement by playing competing plaintiff groups against each other.

The filing argues that the Batton plaintiffs represent a stronger, more comprehensive case with more favorable terms for homebuyers. By settling in Tuccori instead, NAR is allegedly trying to "end-run" the Batton litigation and resolve its liability at a lower cost, to the detriment of Batton class members.

This is not a new argument. The Batton plaintiffs made the exact same "reverse auction" claim when Anywhere Real Estate opted into Tuccori earlier this year. Judge Kennelly was unpersuaded — he granted preliminary approval of Anywhere's settlement on March 4, 2026. But the Batton plaintiffs are betting that NAR's situation is different enough to warrant a different outcome.

The Key Legal Hook: No Preliminary Approval Yet

The Batton opposition memo points to a critical procedural fact: as of April 14, NAR had not yet sought preliminary approval of its Tuccori opt-in from the court overseeing Tuccori. The filing cites a prior ruling in which the court "declined to presume settlement approval" — meaning a stay is premature when the settlement itself hasn't been approved.

The plaintiffs also argue that a stay would cause real prejudice: discovery deadlines would slip, witnesses' memories would fade, and the Batton case — which has been in litigation for years — would be further delayed for the benefit of a defendant that chose to settle in a different forum.

The Hearing and What Comes Next

A hearing on NAR's stay motion was held on April 17, 2026. As of April 19, Judge Kennelly has not yet issued a ruling.

Meanwhile, the Tuccori settlement continues to expand. On April 14, Realty ONE Group and The Agency — both defendants in a related case called Cwynar — announced their own opt-ins to Tuccori, completing settlements for all Cwynar defendants. The amounts were not disclosed. Douglas Elliman also opted in on April 10.

The total Tuccori fund now stands at $70 million or more, with NAR's $52.25M contribution representing the single largest payment in any buyer-side commission case to date.

What This Means for Homebuyers

If you used a real estate agent to buy a home between October 31, 2019 and August 17, 2024, you may be eligible to file a claim in the Tuccori settlement. The claims deadline is September 15, 2026 — but NAR's portion of the fund is still awaiting preliminary approval, so the full scope of coverage is not yet final.

If you used a Keller Williams or RE/MAX agent during the same period, you may also have a claim in the Batton 1 case — though those settlements are also pending court approval.

The Batton stay ruling, when it comes, will be a significant signal about whether NAR's strategy of settling in Tuccori to escape Batton will succeed. We'll update this post as soon as Judge Kennelly rules.

Track the latest developments on our Lawsuit Database, or use our Settlement Eligibility Quiz to find out which settlements may cover your home purchase.

Image Credit: Nano Banana