Burnett v. NAR Summary Judgment Opinion: Per Se Liability! – NotoriousROB

About a week ago, the judge in the Burnett v. NAR case (formerly Sitzer v. NAR) handed down his ruling in the motion for summary judgment. It did not go well for the defendants. The Inman story by Andrea Brambila does a good job of covering the highlights, so read that in full.

The result is, of course, something I fully expected after reading Judge Bough’s opinion denying the motion to dismiss. Much of it reflected Judge Wood’s memorandum denying the motion to dismiss in the Moehrl case. I wrote about that in 2020. I don’t have stats handy, but you’re rarely going to have a judge so brutally smack down a motion to dismiss, then grant summary judgment.