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Moehrl Commission Lawsuit Trial Not Expected Until End of 2024


November 30, 2023

Attorneys argued over possible trial dates during a telephonic status hearing on Wednesday

If you are waiting on another commission lawsuittrial, it looks like you will be waiting a while. Judge Andrea R. Wood of the U.S. District Court in Chicago indicated this past spring that the trial in the Moehrl commission lawsuit would take place during the first half of 2024. But those plans seem to be in flux after a telephonic status hearing for the case on Wednesday.

During the hearing, Wood stated that she would be able to “try the case likely in the fourth quarter of 2024.”

An attorney for the plaintiffs, Robert Braun of Cohen Milstein Sellers & Toll, asked Wood if she would be willing to set a trial date for the third quarter of 2024.

“This case has now been pending for more than four and a half years, and we’re ready to move forward and towards trial,” he said on the call.

Ethan Glass of Cooley, an attorney for the National Association of Realtors (NAR), took a different view and urged Wood to not set a date just yet, stating that it is “way premature” as the court has yet to even take motions for summary judgment, “let alone decide them.”

Glass also asked if NAR could let the court know in a week or so if the trade group would like the court to extend its Dec. 19, 2023, deadline for submitting things like motions for summary judgment.

“We are still analyzing what the consequences of the [Sitzer/Burnett] jury verdict are,” Glass said.

A final ruling on the Sitzer/Burnett suit is not expected until April or May 2024, however, the plaintiff’s motion for injunctive relief must be filed before Jan. 8, 2024. The three defendants who were present at the trial, NAR, Keller Williams and HomeServices of America, have all vowed to appeal the verdict.

Glass added that NAR is unsure if there may or may not be reasons to extend the deadline, as the trade group and its counsel are still looking into things.

Braun argued that legal issues still playing out in the Sitzer/Burnett suit was not a reason to delay the trial in the Moehrl case.

Read Moehrl Commission Lawsuit Trial Not Expected Until End of 2024.