Keel v. Washington Fine Properties LLC
4:25-cv-00055
W.D. Mo.Jun 24, 2025Background
- Plaintiffs, representing a nationwide class of home sellers, alleged antitrust violations related to real estate brokerage commissions tied to multiple listing services (MLS).
- Multiple settlements were reached between plaintiffs and several real estate brokerages/MLS operators after extensive, multi-year litigation.
- A comprehensive notice plan reached over 96% of class members, generating over 2.5 million claims with minimal objections or opt-outs.
- The settlements provided monetary payments (adding to over $1 billion in combined recoveries across cases) and significant practice changes in the real estate industry.
- The court granted final approval of these settlements, certified nationwide settlement classes, awarded attorneys’ fees, and overruled the only objection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Class certification & notice adequacy | Satisfied numerosity, commonality, typicality, adequacy; notice plan sufficient | May contest class certification or adequacy of notice | Court found class certification and notice requirements met |
| Fairness & adequacy of settlement | Settlements are fair, reasonable, result from arm's length negotiation, provide significant relief | Settlement amounts adequate given ability to pay; no liability admitted | Settlements approved as fair, reasonable, and adequate |
| Attorneys’ fees | One-third of the common fund is standard and justified by results/risk | May argue fees excessive | Awarded one-third of settlement fund as fees, finding reasonable per precedent |
| Objection to settlement | Settlement and notice are reasonable and objection lacks merit | Only one objector disputed settlement/class scope | Objection overruled; settlement approved |
Key Cases Cited
- Little Rock Sch. Dist. v. Pulaski Cnty. Special Sch. Dist. No. 1, 921 F.2d 1371 (8th Cir. 1990) (strong judicial policy in favor of settlements, especially in complex litigation)
- Petrovic v. Amoco Oil Co., 200 F.3d 1140 (8th Cir. 1999) (standards for class action settlement approval)
- Van Horn v. Trickey, 840 F.2d 604 (8th Cir. 1988) (court’s discretion and settlement approval factors)
- In re U.S. Bancorp Litig., 291 F.3d 1035 (8th Cir. 2002) (affirming reasonableness of one-third attorneys’ fees in large settlement)
- In re Xcel Energy, Inc. Sec., Derivative & "ERISA" Litig., 364 F. Supp. 2d 980 (D. Minn. 2005) (collection of common fund fee awards and support for percentage method)
