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Burnett v. Berkshire Hathaway Energy et al.
Filed
2023
Jurisdiction
Western District of Missouri (Kansas City)
Plaintiff Firm
Ketchmark and McCreight
Next Milestone
Trial date to be set; BHE faces potential damages separate from HomeServices' $250M settlement
Berkshire Hathaway Energy (BHE) is accused of conspiring to inflate real estate commissions paid by home sellers, even though its subsidiary HomeServices of America separately settled the same claims for $250 million in 2024. BHE argued a 'single enterprise' doctrine should shield it from additional liability.
On April 9, 2026, Judge Stephen Bough rejected BHE's single-enterprise defense, ruling that the HomeServices settlement did not shield the parent company. BHE must now face trial. Plaintiff attorney Michael Ketchmark stated BHE was 'propping up this conspiracy to pick the pockets of homeowners.' Berkshire ended 2025 with $373.3 billion in cash.
Case Filed
2023Home sellers file antitrust class action against Berkshire Hathaway Energy alleging conspiracy to inflate real estate commissions
HomeServices Settles for $250M
2024HomeServices of America (BHE subsidiary) settles commission antitrust claims for $250 million; BHE argues this should shield the parent
BHE's Single-Enterprise Defense Rejected
April 9, 2026Judge Stephen Bough rules Berkshire Hathaway Energy must face trial; rejects argument that HomeServices settlement shields parent company from additional liability
Category
NAR Commission AntitrustConspiracy to inflate buyer-agent commissions nationwide
Category
NAR Commission AntitrustClass-action lawsuit against Florida Realtors regarding commission structures and MLS rules
Category
NAR Commission AntitrustClass-action lawsuit against Texas Realtors regarding commission structures and MLS rules
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