SITZER v. NAT. ASSOCIATION OF REALTORS

No. 20-1779.

12 F.4th 853 (2021)

Joshua SITZER, on behalf of themselves and all others similarly situated; Amy Winger, on behalf of themselves and all others similarly situated; Scott Burnett; Rhonda Burnett; Ryan Hendrickson, Plaintiffs-Appellees v. NATIONAL ASSOCIATION OF REALTORS, Defendant. HomeServices of America, Inc., Defendant-Appellant. Keller Williams Realty, Inc.; Realogy Holdings Corp.; RE/MAX Holdings, Inc., Defendants. BHH Affiliates, LLC; HSF Affiliates, LLC, Defendants-Appellants. The Long & Foster Companies, Inc.; RE/MAX LLC, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: September 10, 2021.


Attorney(s) appearing for the Case

Brandon J.B. Boulware , Erin D. Lawrence , Jeremy Suhr , Boulware Law LLC., Matthew L. Dameron , Eric L. Dirks , Amy R. Jackson , Courtney Marie Stout , Williams & Dirks, Kansas City, MO, for Plaintiffs-Appellees.

Matthew Ciulla , Robert D. MacGill , MacGill, PC., Indianapolis, IN, Brian Christopher Fries , Lathrop GPM LLP, Kansas City, MO, Jennifer M. Keas , Jay Norman Varon , Foley & Lardner, Washington, DC, for Defendant-Appellant HomeServices of America, Inc..

Matthew Ciulla , Robert D. MacGill , MacGill, PC., Indianapolis, IN, Brian Christopher Fries , Lathrop GPM LLP, Kansas City, MO, Jay Norman Varon , Foley & Lardner, Washington, DC, for Defendants-Appellants BHH Affiliates, LLC, HSF Affiliates, LLC.

Before SMITH, Chief Judge, ARNOLD and STRAS, Circuit Judges.


Despite actively litigating this case in federal court for nearly a year, HomeServices1 claims that the dispute really belongs in arbitration. The question is whether the company waived its right to arbitrate. We conclude that it did, and that, under our precedent, it is a question for us, not the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases