Motion to Dismiss Batton I Case

Louisiana REALTORS® • February 23, 2024

An Update from Katie Johnson, NAR Chief Legal Officer and Chief Member Experience Officer

I wanted to provide you all with an update regarding a buyer class action case pending in Illinois (Batton v. The National Association of Realtors et al. or “Batton I”).


As some of you may recall, the plaintiffs in Batton I (originally known as Leeder) filed this case in 2021, alleging that NAR and other defendants inflated costs for home buyers as a result of the cooperative compensation policy. The case was dismissed in 2022 but was subsequently refiled, and our motion to dismiss the amended complaint has been pending for over a year.


While NAR succeeded in dismissing these buyer plaintiffs’ claims for damages under federal antitrust law, we are disappointed that the plaintiffs’ case is being allowed to proceed past this preliminary stage, where plaintiffs’ allegations must be taken as true. To be clear, the court did not make any findings on the merits of the case. The decision simply means that what’s left of the plaintiffs’ case will move to the discovery phase. I want to also note that the court dismissed HomeServices of America and related companies as defendants in this matter for lack of personal jurisdiction over those entities.


We are committed to defending practices that benefit consumers and advance homeownership, and will continue to keep you updated as the litigation landscape develops. As a reminder, Batton I is among all the class action cases we have asked the Joint Panel on Multidistrict Litigation to centralize in the Northern District of Illinois, and we expect a decision on centralization sometime after oral argument, which is scheduled for March. 


As always, please feel free to reach out to me or my team with any questions.

By Louisiana REALTORS® April 17, 2025
As previewed last week, NAR is pleased to share the latest consumer guide focused on buying land and building a new home. This guide covers how to find land for sale, explains construction loans, and weighs the pros and cons of building a custom home. As a reminder, all guides in this series are available for download—in both English and Spanish—on facts.realtor . Please allow a few days for the Spanish version of the latest resource to be translated and uploaded. For ease of reference, below is a list of the most recent guides: NEW: Buying Land and Building a New Home Deeds and Titles Alternative Listing Options Navigating Multiple Offers Homeowners Associations Thank you for continuing to engage with the “Consumer Guide” series and for sharing the resources with prospective clients to ensure they have the information they need to find success in their homebuying or selling journey. Remember that these guides are for informational purposes only and are not meant to enact or change any existing NAR policy. Be on the lookout for next week’s guide on Wednesday, which will cover property title theft.
5 Negotiation Secrets Smart Buyers Use to Get Better Deals
By Louisiana REALTORS® April 16, 2025
Negotiating a real estate deal can be overwhelming, especially for buyers who don’t have experience with the process. Here are five key negotiation strategies smart buyers use—and how working with a REALTOR® provides a competitive edge.
By Louisiana REALTORS® April 11, 2025
As previewed last week, NAR is pleased to share the latest consumer guide focused on deeds and titles. This guide covers the difference between a deed and a title, common types of deeds, and title searches and insurance. As a reminder, all guides in this series are available for download—in both English and Spanish—on facts.realtor . Please allow a few days for the Spanish version of the latest resource to be translated and uploaded. For ease of reference, below is a list of the most recent guides: NEW: Deeds and Titles Alternative Listing Options Navigating Multiple Offers Homeowners Associations Marketing Your Home Thank you for continuing to engage with the “Consumer Guide” series and for sharing the resources with prospective clients to ensure they have the information they need to find success in their homebuying or selling journey. Remember that these guides are for informational purposes only and are not meant to enact or change any existing NAR policy. Be on the lookout for next week’s guide on Wednesday, which will cover buying land / constructing a new home.
Show More