Industry News

Court issues opinion related to DOJ vs. NAR lawsuit

Judge explains rejection of attempt to dismiss case

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U.S. District Court Judge Mark Filip, in a 29-page opinion released Monday, offered a detailed explanation on why he earlier rejected a motion by the National Association of Realtors trade group to dismiss an antitrust complaint brought by the U.S. Department of Justice. Filip last month denied the Realtor group's motion to dismiss the lawsuit, which was filed in September 2005 and amended in October 2005. The lawsuit alleges that the trade group's policies governing the online display and sharing of property information are overly restrictive and can harm consumers and stifle innovation. The National Association of Realtors in December filed the motion in U.S. District Court in Chicago in an attempt to toss out parts of the lawsuit that target the association's former online listings policy, known as the Virtual Office Website (VOW) policy and so-called "opt-out" provisions of its policies that allow brokers to withhold online listings from other brokers. Laurie Janik, general co...