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Retired judges urge appeals court to revisit Tuccori commission settlements

The amicus filing argues Tuccori opt-in settlements could encourage forum shopping and should be tested via intervention, not limited objections at a final fairness hearing set for Nov. 2.

Reported · Written up by our desk · Residential

Four retired federal judges filed an amicus brief in the Tuccori homebuyer commission litigation, urging the Seventh Circuit to allow plaintiffs in the Batton case to intervene before a final approval hearing.

According to HousingWire, the judges argued that approving Tuccori opt-in settlements could encourage “forum shopping” in other class actions, and that intervention is a better way to test whether the settlement forum was chosen to avoid adverse rulings and whether the process undermines how courts manage overlapping cases.

HousingWire reports that the district court judge overseeing Tuccori, Judge Lindsay Jenkins, had ruled the Batton plaintiffs could object in person at the fairness hearing, instead of intervening earlier.

The brief asks the appeals court to reverse the district court’s denial of intervention, with HousingWire noting the potential stakes for defendants and settlement participants including the National Association of Realtors, Compass, Hanna Holdings, HomeServices of America, and Anywhere.

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