Judge
Stephen
R.
Bough
ruled
Tuesday
that
the
Umpa
and
Gibson

commission
lawsuits
can
consolidate.

“The
Court
finds
that
consolidation
is
appropriate
given
that
the
instant
case
and
Gibson,
et
al.
v.


National
Association
of
Realtors,
et
al.,
involve
common
questions
of
law
and
fact,
consolidation
will
conserve
judicial
resources
and
promote
efficiency,
and
consolidation
will
not
cause
undue
delay,
confusion,
or
prejudice,”
Bough
wrote
in
his
ruling.

The
plaintiffs
in
the
two
suits
filed
a
joint
motion
last
week
to
consolidate.
In
their
motion,
the
plaintiffs
argued
that
they
should
be
allowed
to
consolidate
as
both
cases
were
filed
in
Missouri,
ask
similar
questions,
share
common
defendants
and
have
relatively
similar
classes.
Additionally,
both
suits
were
under
the
purview
of
Bough.

The
Gibson
suit
was
filed
in
late
October
2023
by
Michael
Ketchmark,
just
after
a

Missouri
jury
ruled
in
favor
of
his
clients
in
the
Sitzer/Burnett
suit
that
found
real
estate
industry
players
liable
for
colluding
to
artificially
inflate
agent
commissions.
Defendants
in
the
Gibson
suit
include
NAR, Compass, eXp
World
Holdings, Redfin, Weichert
Realtors, United
Real
Estate, Howard
Hanna and Douglas
Elliman.

The
Umpa
suit
was
filed
in
late
December
2023
by
a
Maryland
home
seller.
It
also
included
NAR,
Howard
Hanna,
Weichert
Realtors,
Redfin,
Compass,
eXp
World
Holdings,
United
Real
Estate
and
Douglas
Elliman
as
defendants,
as
well
as


Keller
Williams, HomeServices
of
America,
HomeSmart
International,
The
Real
Brokerage,
Real
Broker
and

Realty
One
Group.

Since
the
suits
were
filed,

Anywhere, RE/MAX, Keller
Williams,

NAR, Compass,

@properties and The
Real
Brokerage
have
settled
the

commission
lawsuits.

The
Umpa
and
Gibson
cases
were
also
part
of
the
failed

multidistrict
litigation
attempt.
Earlier
this
month,
the
six-judge
panel
ruled
that
nine
of
the

commission
lawsuits
could
not
consolidate,
noting
that
due
to
the
“broad
contours”
of
NAR’s
settlement
agreement
“and
the
changing
landscape
of
the
parties’
positions
on
centralization,
we
think
it
wise
to
deny
centralization
at
this
time.“

“The
settlement
may
well
resolve
at
least
some
claims
in
this
litigation,
if
not
many,”
the
lead
panel
judge
wrote.
“We
cannot
speculate
on
the
number
of
parties
and
claims
that
will
remain
once
this
and
any
other
settlements
are
approved.”

Bough
is
giving
the
plaintiffs
in
the
Gibson
and
Umpa
suits
three
days
to
file
a
consolidated
and
amended
class-action
complaint.

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