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Batton 2 v. National Association of REALTORS®
⚖️ Mediation in progress — Weichert update due May 27 (11 days)
Weichert Realtors is in active mediation with Batton 2 plaintiffs. A successful outcome could signal the first direct settlement in this case. Read our Redfin defense analysis →
Filed
November 2, 2023
Jurisdiction
Northern District of Illinois
Plaintiff Firm
Susman Godfrey
Next Milestone
Tuccori opt-in approval motions due May 18, 2026; Weichert mediation status update due May 27, 2026; all parties joint status report due June 2, 2026; eXp and Redfin remain active defendants; Batton plaintiffs' Seventh Circuit appeal of injunction denial pending; May 8 brokers' reverse auction denial filed
Buyer-side commission inflation — Compass, Redfin, eXp, Weichert & United Real Estate must face lawsuit after MTD denied March 25, 2026. On April 16, 2026, an Illinois judge granted NAR's request for a full stay of Batton 2 proceedings pending final approval of the Tuccori settlement. Compass and United Real Estate opted into the Tuccori settlement on April 28. On April 28, eXp, United, and Redfin filed responses to the second amended complaint with notable admissions and affirmative defenses. Weichert is separately pursuing direct mediation with plaintiffs.
Litigation is effectively paused under the April 16 Illinois stay until Tuccori receives final approval (est. summer 2026). Compass and United Real Estate opted into Tuccori on April 28 — their stay motions in Batton were denied April 30. If the Tuccori settlement is approved, NAR, Compass, United, Anywhere, and HomeServices would be released from Batton 2 claims. Weichert is in direct mediation with plaintiffs under a 60-day stay (status update due May 27, 2026). eXp and Redfin have not announced settlements and remain active defendants. Redfin presented an affirmative defense claiming it 'withdrew from and ceased any participation' in any alleged conspiracy prior to the acts alleged.
May 27, 2026 — Weichert Mediation Report Due
Weichert Realtors and the Batton 2 plaintiffs agreed to a 60-day mediation stay and must update the court on May 27. If mediation succeeds, Weichert could announce a direct settlement — potentially the first Batton 2 defendant to settle outside the Tuccori opt-in route.
11
days away
June 2, 2026 — Joint Status Report Due
All parties must file a joint status report with the court on the overall state of Batton 2 litigation. This will reveal whether Weichert's mediation has succeeded, and whether eXp and Redfin have moved toward settlement.
17
days away
Batton 2 Filed
November 2, 2023Batton 2 homebuyer antitrust case filed against NAR, Compass, Redfin, eXp, Weichert, United Real Estate, and others
Motion to Dismiss Briefing
February 20, 2024Court addresses initial motion to dismiss; case proceeds to full briefing on all defendants
MTD Denied — All 5 Defendants
March 25, 2026Federal judge denies motions to dismiss for Compass, Redfin, eXp World Holdings, Weichert Realtors, and United Real Estate. All five must face trial on buyer commission antitrust claims.
Illinois Court Grants NAR Stay
April 16, 2026Illinois judge grants NAR's request for a full stay of all Batton 2 proceedings pending final approval of the Tuccori settlement. Litigation is effectively paused until summer 2026.
Weichert 60-Day Mediation Stay Filed
April 20, 2026Weichert and Batton 2 plaintiffs file joint motion for a 60-day stay while a mediator works toward a direct settlement — diverging from Compass and United Real Estate's Tuccori opt-in approach.
Compass and United Opt Into Tuccori; eXp/United/Redfin File Responses
April 28, 2026Compass and United Real Estate file opt-in agreements to join the Tuccori settlement, seeking to exit Batton 2. On the same day, eXp, United, and Redfin file responses to the second amended complaint. Redfin presents an affirmative defense claiming it 'withdrew from and ceased any participation' in any alleged conspiracy. United concedes 'there may be benefits for brokers related to NAR membership' but denies commissions were supracompetitive; notes it is not a NAR member. eXp denies NAR requires brokerage compliance with its policies.
Batton Emergency Injunction Denied; Compass/United Stay Motions Denied
April 29–30, 2026Judge Hunt denies the Batton plaintiffs' emergency injunction to halt NAR's Tuccori settlement (April 29). On April 30, she also denies Compass and United Real Estate's motions to stay Batton proceedings pending Tuccori approval, consistent with earlier denials for other opt-ins.
Defendants Deny 'Reverse Auction' in Opt-In Settlement Response
May 8, 2026Real estate brokerages facing the Batton antitrust lawsuit in Florida federal court (Anywhere Real Estate, Douglas Elliman, Compass, Hanna Holdings, HomeServices of America) filed a response pushing back against homebuyers' claims that the Tuccori opt-in settlements constitute a 'reverse auction.' Defendants argue the opt-in mechanism is legitimate and pro-competitive. (Law360, May 8, 2026)
Weichert Mediation Status Update Due
May 27, 2026Weichert and Batton 2 plaintiffs must update the court on the status of mediation negotiations.
Joint Status Report Due
June 2, 2026All parties must file a joint status report with the court on the overall state of Batton 2 litigation.
Category
NAR Commission AntitrustWeichert Realtors and the Batton 2 plaintiffs filed a joint motion on April 20, 2026 requesting a 60-day stay of all proceedings against Weichert only, while a mediator works toward a direct settlement. Unlike Compass and United Real Estate — which chose to opt into the Tuccori settlement — Weichert is negotiating directly with the Batton 2 plaintiff class.
Category
NAR Commission AntitrustCompass allegedly conspired with NAR and other brokerages to inflate buyer-agent commissions, harming homebuyers who purchased homes using Compass-affiliated agents
Category
NAR Commission AntitrustRedfin allegedly conspired with NAR and other brokerages to inflate buyer-agent commissions, harming homebuyers who purchased homes using Redfin agents
Batton 2 Defenses Series
Start with the Reader's Guide — introduces all three defenses in one place
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