June 2 Is the Next Big Moment in Batton 2 — Here's What to Watch For

By Frances Flynn Thorsen

How We Got Here: A Quick Recap

The Batton cases were filed by homebuyers who alleged that NAR's commission-sharing rules — specifically the requirement that sellers offer compensation to buyers' brokers through the MLS — artificially inflated buyer-agent commissions in violation of the Sherman Antitrust Act.

Batton 1 named NAR, Keller Williams, RE/MAX, and Anywhere. Batton 2 named a second wave of defendants: Compass, eXp Realty, Redfin, Weichert Realtors, and United Real Estate.

The Batton cases have been running parallel to a related case, Tuccori et al. v. At World Properties et al., which involves the same core claims but different plaintiffs. The Tuccori case became the vehicle through which most defendants chose to resolve their liability — not by settling directly with the Batton plaintiffs, but by opting into the Tuccori class action's master settlement agreement, which includes a broad release of homebuyer claims.

That opt-in mechanism is exactly what the Batton plaintiffs have been fighting. They've called it a "reverse auction" — a process that lets defendants shop for the cheapest possible settlement by playing one plaintiff class against another. They've filed motions to block it, appealed to the Seventh Circuit, and argued strenuously that the Tuccori settlement is not in the best interests of the homebuyer class. So far, they have not succeeded. Judge Hunt denied their most recent injunction request on April 29 in a single sentence, citing the same reasoning she applied when she rejected a similar challenge to Anywhere's Tuccori opt-in in March.

What the June 2 Report Must Include

The court's April 16 order staying discovery in Batton required all parties to file a joint status update on June 2 covering two things: the current state of the Tuccori settlement approval process, and the status of any relevant appeals.

That's a deliberately broad mandate. In practice, it means the filing will need to address:

1. Tuccori approval timeline. The motion for preliminary approval of the Tuccori settlement agreements — covering NAR ($52.25M), Anywhere, HomeServices of America, Compass, United Real Estate, The Agency, Realty ONE Group, Douglas Elliman, and others — was due May 18. If the court has acted on that motion by June 2, the status report will confirm whether the Tuccori settlement is on track for final approval. If the court has not yet ruled, the parties will need to explain the delay and project a new timeline.

2. Seventh Circuit appeal. The Batton plaintiffs have appealed at least one of their failed injunction attempts to the Seventh Circuit Court of Appeals. The June 2 report must address the status of that appeal. If the appeals court has granted a stay pending appeal — which would pause the Tuccori approval process — the entire settlement timeline shifts dramatically. If the appeal has been denied or is still pending without a stay, the Tuccori process continues on its current trajectory.

3. Weichert mediation outcome. In a separate April 20 filing, Weichert and the Batton 2 plaintiffs agreed to a 60-day mediation stay and committed to updating the court on their negotiations by May 27 — just six days before the June 2 joint status report. If Weichert's mediation has produced a deal, the June 2 report will be the first public confirmation. If mediation has failed, Weichert's path forward becomes a central question.

4. eXp and Redfin's positions. Neither eXp nor Redfin has announced a settlement. The June 2 report will be the first formal, court-filed statement from all parties about where those two defendants stand. Will they signal an intent to settle? Will they invoke their defenses and push for trial? Will they seek to join the Tuccori settlement like Compass and United did? The answer will define the next phase of Batton 2.

The Four Scenarios

Based on the current trajectory, here are the four most likely outcomes that the June 2 filing could signal:

Scenario 1: Tuccori Approved, Batton 2 Effectively Over (Most Likely)

If the Tuccori preliminary approval motion is granted and the Seventh Circuit appeal is denied or still pending without a stay, the June 2 report will essentially confirm that Batton 2 is winding down. Compass, United, NAR, HomeServices, and the other opt-in defendants will be on a clear path to final release. Weichert may have a direct deal. That leaves only eXp and Redfin as active defendants — and with the rest of the industry having settled, the pressure on those two to resolve their exposure will be enormous.

In this scenario, the most important signal to watch for is whether eXp or Redfin use the June 2 report to signal settlement discussions. Even a phrase like "the parties are engaged in ongoing discussions" would be significant.

Scenario 2: Seventh Circuit Grants a Stay (Low Probability, High Impact)

If the Batton plaintiffs' appeal succeeds in obtaining a stay from the Seventh Circuit, the Tuccori approval process halts. Every opt-in defendant — including Compass, United, NAR, and HomeServices — would be back in legal limbo. The June 2 report would be filed under a cloud of uncertainty, and the court would likely schedule a status conference to assess next steps.

This scenario is unlikely based on the pattern of rulings so far — Judge Hunt has twice rejected the plaintiffs' injunction attempts, and appellate courts rarely grant stays in civil cases where the trial court has already denied emergency relief. But it cannot be ruled out, and if it happens, it would be the biggest development in commission litigation since the Sitzer/Burnett verdict.

Scenario 3: Weichert Reaches a Direct Settlement (Moderate Probability)

If the May 27 mediation update reveals a Weichert deal, the June 2 report will be the first court filing to confirm it. A direct Batton 2 settlement by Weichert would be notable because it would be the first defendant to resolve claims through the Batton case itself — rather than through the Tuccori opt-in route. That matters for the plaintiffs, who have argued that the Tuccori mechanism undervalues their class. A direct settlement would validate their litigation strategy, even partially.

Scenario 4: eXp or Redfin Signals a Settlement Path (Moderate Probability)

With every other Batton 2 defendant either settled or settling, the litigation math for eXp and Redfin becomes increasingly unfavorable. The June 2 report may be the moment one or both defendants signal a willingness to resolve. This could take the form of a joint statement that "the parties are engaged in productive discussions" or a formal notice of mediation. Either would be significant.

What This Means for Real Estate Agents

If you're a real estate agent — especially one at eXp — the June 2 filing matters for reasons that go beyond the legal outcome.

The narrative is shifting. For the past two years, the story of real estate commission litigation has been about sellers and buyers fighting the industry. The Batton 2 cases shifted that narrative to focus on specific brokerages and their individual practices. As defendants settle one by one, the story is now becoming about which companies chose to fight and which chose to resolve — and what that says about their values and their confidence in their own business model.

eXp has been transparent about its three-front defense strategy: the independent contractor argument, the NAR non-membership defense, and the voluntary restructuring of its compensation model. Whether or not those defenses ultimately succeed in court, they represent a coherent and principled position. The June 2 report will tell us whether that position is holding — or whether eXp is beginning to look for an exit.

The trebling clock is ticking. As we analyzed in the Epilogue to this series, if eXp and Redfin proceed to trial and lose on the Sherman Act claims, the damages would be automatically trebled under federal antitrust law. The longer the litigation continues without a settlement, the larger the potential exposure. The June 2 report will give the market its clearest signal yet about whether those risks are being managed — or escalating.

Your clients are watching. Homebuyers and sellers who are paying attention to this litigation — and many are — will be looking for agents who can explain what the June 2 report means. The agents who can do that will stand out. The agents who can't will lose credibility with the very clients who are most engaged with the market.

What to Tell Your Clients Right Now

Here's a simple, honest framework for explaining the June 2 deadline to clients:

"The court has set a June 2 deadline for all the companies involved in the Batton homebuyer lawsuit to file a report on where things stand. Most of them have already settled through a related case called Tuccori. The two companies that haven't settled yet — eXp and Redfin — will need to update the court on their plans. Depending on what that report says, we could see this litigation effectively wind down by summer, or we could see it continue into 2027. Either way, the rules that came out of the original NAR settlement — including the requirement for written buyer-broker agreements — are already in effect and won't change based on what happens in Batton."

That last point is important. Whatever happens on June 2, the practice changes that came out of the Sitzer/Burnett verdict and the NAR settlement are permanent. Buyer-broker agreements are here to stay. Commission transparency is here to stay. The Batton litigation is about money — specifically, who pays how much to whom for past conduct. It is not about reversing the practice changes that are already reshaping the industry.

What We'll Be Watching

PropertyPleadings.com will be monitoring the June 2 filing and will update this post and the Batton 2 lawsuit detail page as soon as the report is available. The specific things we'll be looking for:

• Whether the Tuccori preliminary approval motion has been granted

• The status of the Seventh Circuit appeal

• Whether Weichert has reached a direct settlement

• Any language from eXp or Redfin suggesting settlement discussions

• Whether the court schedules any hearings or conferences following the report

The June 2 filing will be publicly available through the PACER federal court records system. We'll have a summary and analysis posted within 24 hours of the filing.

Related Reading

This post is part of the ongoing coverage of the Batton 2 litigation on PropertyPleadings.com. If you're new to this case, the following posts will give you the full context:

• The Batton 2 Defenses Series: A Reader's Guide — Start here for the overview of all three defendants and their strategies

• Redfin's Withdrawal Defense — How Redfin argues it left the alleged conspiracy before the damages period

• United Real Estate's NAR Non-Membership Defense — Why United says it can't be held liable for NAR's rules

• eXp Realty Is Fighting Batton 2 On Three Fronts — The most complex defense strategy in the case

• What Happens If All Three Defenses Fail? — The damages reckoning if the litigation goes to trial

Image Credit: Nano Banana

DISCLOSURE: This content is for informational and journalistic purposes regarding real estate litigation and transparency. The author is an active licensee with eXp Realty LLC; however, this report is independent of that affiliation. This article does not constitute legal advice.