NAR, KW, and HomeServices Request a New Trial in the Sitzer | Burnett Case
In a recent development, the National Association of Realtors (NAR), Keller Williams (KW), and HomeServices have jointly filed a motion requesting a new trial in the highly publicized Sitzer | Burnett case. The case, which involved allegations of antitrust violations and conspiracy, resulted in a significant judgment against the defendants. However, the three real estate giants argue that there were several errors during the trial that warrant a fresh examination of the evidence.
The Sitzer | Burnett case, which concluded earlier this year, accused NAR, KW, and HomeServices of engaging in anti-competitive practices that allegedly harmed home sellers and buyers. The plaintiffs claimed that these companies conspired to inflate commission rates and restrict competition by imposing certain rules and policies on their agents. The jury ultimately found the defendants liable and awarded a substantial sum in damages.
Now, NAR, KW, and HomeServices are seeking to overturn the verdict and secure a new trial based on several grounds. First, they argue that the court made erroneous evidentiary rulings that unfairly prejudiced their defense. They claim that certain pieces of evidence were improperly admitted or excluded, which affected the jury’s perception of the case.
Secondly, the defendants assert that the court failed to properly instruct the jury on key legal principles. They argue that the instructions given were confusing and misleading, potentially leading to an incorrect understanding of the relevant antitrust laws and standards.
Furthermore, NAR, KW, and HomeServices contend that the damages awarded by the jury were excessive and not supported by the evidence presented during the trial. They claim that the plaintiffs’ expert witness provided flawed calculations and speculative assumptions, resulting in an inflated judgment.
The defendants also raise concerns about potential juror misconduct during the trial. They allege that some jurors may have been exposed to extraneous information or engaged in improper discussions, which could have influenced their decision-making process.
In their motion for a new trial, NAR, KW, and HomeServices emphasize the importance of a fair and impartial legal process. They argue that the errors and irregularities that occurred during the original trial compromised the integrity of the proceedings and denied them a fair opportunity to present their case.
The outcome of this motion will have significant implications for the real estate industry as a whole. If a new trial is granted, it will provide an opportunity for a fresh examination of the evidence and potentially lead to a different outcome. On the other hand, if the motion is denied, it will uphold the original verdict and reinforce the notion that antitrust violations in the real estate sector will be met with severe consequences.
As the legal battle continues, industry experts and stakeholders eagerly await the court’s decision on whether to grant a new trial in the Sitzer | Burnett case. Regardless of the outcome, this case serves as a reminder of the importance of fair competition and the potential consequences for those found in violation of antitrust laws.
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