Retired judges challenge Tuccori opt-in commission suit settlements

Although a date has been set for a final approval hearing, the real estate brokerages and associations that settled the homebuyer commission lawsuits through the Tuccori suit’s opt-in settlement may still face some challenges. The latest of these challenges is that earlier this week by four retired federal judges Diane Wood, David Coar, G. Patrick Murphy and Nancy Gertner challenged the settlements. In the filing, the retired judges, who collectively claim nearly 70 years of experience overseeing federal lawsuits, argue that if these opt-in settlements are approved it will encourage defendants in other class-action lawsuits to “forum shop” when looking to settlement. The retired judges are urging the Seventh Circuit Court of Appeals to reverse the district court’s decision to reject the Batton homebuyer commission lawsuit plaintiffs’ attempt to intervene in the Tuccori suit over their objections to these settlements. Judge Lindsay Jenkins, the federal court judge overseeing the Tuccori lawsuit, ruled that if the Batton plaintiffs wished to object to the Tuccori settlements they could object to them in person at the fairness hearing. In the filing, the retired judges go on to argue ...