Appellate judges ruled on Sept. 15 — again — to uphold the settlements approved by the lower court. This is the third judgment to affirm since mid-August.
A circuit court has issued a judgment in another batch of appeals challenging the settlements in two landmark commissions cases, once again affirming the lower court’s ruling.
A three-judge panel with the Eighth Circuit Court of Appeals is overseeing multiple appeals in the Sitzer/Burnett and Gibson cases, and today issued its third ruling since hearing final arguments from the appellants in January.
In a Sept. 15 filing, the panel — for the second time in less than a month — upheld the settlements in Sitzer/Burnett.
A web of appeals: More than two dozen appeals have been filed in the wake of the homeseller commissions settlements, with objectors and appellants raising arguments about the amount of damages, the share of attorney fees, whether the sellers had standing to bring the litigation in the first place and who should be included in the settlement class.
Today’s ruling from Judges Smith, Erickson and Kobes applied to three consolidated appeals brought by James Mullis; Spring Way Center LLC; and a group of objectors filing a joint appeal: Benny Cheatham, Robert Douglass and Douglas and Dena Fender.
Related rulings: The appellate court panel issued its first judgment in the Sitzer and Gibson appeals on Aug. 19. That ruling encompassed seven consolidated appeals in Sitzer/Burnett and upheld the original settlements. A second ruling on four consolidated appeals in Gibson was released on Sept. 1, with the judges affirming the lower court’s decision.
Many of the appeals were filed by the same individuals.
Pending litigation: While several appeals have now been wrapped up, commissions litigation is still ongoing.
In Gibson, two defendants — Crye-Leike Real Estate and Berkshire Hathaway Energy — have yet to settle in the nearly three-year-old case.
In Hooper, settlements reached by eXp Realty and Weichert received final approval in March but were appealed by three of the Gibson plaintiffs on April 30. That case is with the 11th Circuit Court of Appeals, which has not issued a ruling.
In Gibson and Sitzer/Burnett, two appellants filed rehearing petitions after the lower court rulings were affirmed, arguing that a settlement with one of the defendants — the Real Estate Board of New York (REBNY) — should not have been included, and that REBNY should be tried separately.
Several related cases are currently stayed pending the outcome of the rehearing petitions and final judgments, including Burton, Whaley and Grace.
Read More: More Sitzer/Burnett appeals tossed by 8th Circuit
