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Hardy v. National Association of Realtors
Filed
2024
Jurisdiction
Eastern District of Michigan (appeal: Sixth Circuit)
Plaintiff Firm
Pro Se / Independent
Next Milestone
Sixth Circuit appeal pending; briefing schedule to be set
Plaintiffs Douglas Hardy, Glenn Champion, and Dylan Tent challenged NAR's mandatory membership requirements for MLS access in Michigan (Realcomp MLS), alleging antitrust violations. Case dismissed March 30, 2026 by Judge Jonathan J.C. Grey, who found the MLS-access claims 'misleading and contradicted by reality.' Plaintiffs filed a notice of appeal to the Sixth Circuit on April 23, 2026.
Case dismissed March 30, 2026. Judge Grey ruled the mandatory membership claims were 'contradicted by reality.' Plaintiffs appealed to the Sixth Circuit on April 23, 2026. NAR believes the district court correctly dismissed the case and will defend its position on appeal.
Hardy Filed
2024Complaint filed challenging NAR mandatory membership rules
Briefing Completed
2025Both sides submit briefs on motion to dismiss
Case Dismissed
March 30, 2026Judge Grey dismisses all claims; rules mandatory membership claims contradicted by reality
Appeal Filed to Sixth Circuit
April 23, 2026Plaintiffs Douglas Hardy, Glenn Champion, and Dylan Tent file a one-page notice of appeal to the Sixth Circuit Court of Appeals, challenging the March 30 dismissal. NAR states it will continue to defend its position on appeal.
Category
MLS Rule ChallengesNWMLS rules block Compass's three-phased marketing strategy
Category
MLS Rule ChallengesVarious class-action lawsuits filed against regional MLSs regarding commission structures. This category includes Nosalek v. MLS PIN (Massachusetts), Compass v. Northwest MLS (Washington), and MLS defendants in Moehrl case.
Category
MLS Rule ChallengesSettlement
$7.75 million
Antitrust challenge to MLS PIN's buyer-broker commission rules; unique because MLS PIN is a large non-NAR-affiliated MLS
This case is part of a coordinated wave of lawsuits challenging NAR's mandatory Realtor association membership requirements for MLS access. Each takes a different legal angle — together they form the most comprehensive attack on the bundled membership model since the DOJ's 2020 investigation.
Deep Dive: Comparing the Three MLS Membership Lawsuits
How DeYoung, Hardy, and Zea differ in legal theory, geography, and odds of success
Federal appeals follow a structured multi-stage process. Here is where Hardy v. NAR stands in the Sixth Circuit pipeline.
Judge Jonathan J.C. Grey dismisses Hardy v. NAR in the Eastern District of Michigan, ruling that mandatory membership claims are 'contradicted by reality.' Plaintiffs lose at the trial court level.
Plaintiffs Douglas Hardy, Glenn Champion, and Dylan Tent file a one-page notice of appeal to the Sixth Circuit Court of Appeals, formally initiating the appellate process.
The Sixth Circuit clerk issues a briefing schedule. Appellants (Hardy et al.) typically have 40 days to file their opening brief after docketing.
Hardy et al. file their opening brief arguing why the district court erred. Expect focus on whether NAR membership is truly 'voluntary' for MLS access purposes.
NAR and co-defendants file their response brief defending the dismissal. NAR has stated it believes the district court correctly dismissed the case.
Hardy et al. file a shorter reply brief responding to NAR's arguments. This closes the written briefing phase.
The Sixth Circuit may schedule oral argument, giving each side 10–15 minutes before a three-judge panel. Not all appeals receive oral argument.
A three-judge Sixth Circuit panel issues a written opinion — affirming the dismissal, reversing it, or remanding for further proceedings. This decision becomes binding precedent in the Sixth Circuit.
Note: Sixth Circuit appeals typically take 12–18 months from notice of appeal to panel decision. If the panel rules in Hardy's favor, the case would be remanded to the Eastern District of Michigan for further proceedings — potentially including discovery and trial on the merits.
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