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 that the district court judge’s handling of this situation impacts the fairness of the process, stating that the Batton plaintiffs should be allowed to intervene in the Tuccori suit and present their objections. 

“The district court treated his structural challenge as ordinary,” the amicus filing states. “But an objection at the final approval hearing is not well-suited to testing whether the settlement forum itself was chosen to avoid adverse rulings, whether the deal reflects reverse-auction dynamics, or whether the opt-in settlement process undermines the coordination tools federal courts use to manage overlapping litigation.”

A reversal spells trouble for defendants

If the appeals court chooses to consider the retired judges’ filing and reverses the district court’s ruling, this could potentially spell trouble for defendants like the National Association of Realtors (NAR), Compass, Hanna Holdings, HomeServices of America and Anywhere. 

In an emailed statement, an NAR spokesperson told HousingWire that the trade group “stands by its proposed settlement, the process of which was approved by the District Court and included negotiations mediated by a retired Northern District of Illinois Chief Judge.” 

“The settlement seeks to resolve buyer-side commission litigation claims while offering meaningful protections across the industry. It provides a broad release for Realtor members, Realtor associations, MLSs, and those brokerages that meet the settlement’s eligibility requirements,” the spokesperson added. “NAR continues to believe the settlement is fair, reasonable, and in the best interests of the class, and we will continue to defend it through the legal process.”

In the preliminary approval for the opt-in settlements, which was issued in May 2026, Judge Jenkins wrote that the terms of the settlement, including the amount of each proposed opt-in agreement, are “fair, reasonable and adequate.” She ruled they were negotiated at arm’s length by experienced counsel acting in good faith, including through multiple mediation sessions overseen by a court-appointed special master for mediation.

She added that the opt-in agreements were “reached as a result of those negotiations; there has been adequate opportunity for experienced counsel to evaluate the claims and risks at this stage of the litigation; and the Court will likely be able to approve the Opt-In Agreements.” 

The final approval hearing for these settlements is scheduled for Nov. 2.