Class Dismissed

The Batton case aimed for millions in damages but tripped over its own paperwork

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Splits and Caps Daily: Action for Agents

November 6, 2025

📈 Market Move:

Buyer Blunder

If the Sitzer/Burnett case was the opening act, Batton is the sequel — same plot, different characters. This time, buyers are suing NAR, Anywhere, Keller Williams, and RE/MAX, claiming they got overcharged for years thanks to an “antitrust conspiracy” that kept buyer commissions high.

But this week, Judge LaShonda Hunt basically said: you brought me a class I can’t certify. Why? The plaintiffs tried to include sellers who were already covered by earlier settlements — a big legal no-no. Anywhere’s lawyers quickly jumped in, saying, “We paid for those releases. Don’t make us fight this again.” The judge agreed it was a “fair point.”

So now the buyers’ legal team has two choices:
1️⃣ Trim their class down to just eligible buyers, or
2️⃣ Hit pause until another court rules on those old settlements.

Either way, class certification just got put on ice. Translation: this case isn’t dead, but it’s definitely grounded.

🌟Quote of the Day:

“Life shrinks or expands in proportion to one’s courage.” — Anaïs Nin

Quick Win:

Calendar Calls: Block 15 minutes today to call or text 3 potential referral partners (mortgage brokers, stagers, inspectors). Plant seeds that grow fast.

🎉 Fun Fact of the Day: 

Happy (Meal) Home: 🏡 The term “McMansion” was born in the ’90s. It started as an insult for homes that looked expensive but were basically “mass-produced luxury.” So, like fast food—but for real estate.

📚 Book Recommendation:

“Hacking Growth” by Sean Ellis & Morgan Brown — If you’ve ever wondered how companies like Dropbox, Airbnb, or Uber went from “cool startup” to “verb in the English language,” this is the playbook. Hacking Growth isn’t about luck or ads — it’s about building a system that turns curiosity into data, and data into rocket fuel.

Sean Ellis (the guy who literally coined the term “growth hacking”) and Morgan Brown break down how to think like a scientist when scaling your business. You don’t need a massive marketing budget — you need experiments, insights, and the guts to move fast when something works.

Here’s the kicker: growth hacking isn’t just for tech bros in hoodies. Real estate agents, brokers, creators — anyone who wants compounding results — can steal these tactics. Imagine applying split tests, referral loops, and onboarding funnels to your client pipeline. That’s not theory. That’s leverage.

Bottom line: if you want to stop guessing and start growing, this is your blueprint.

Progress is quiet, but it’s working.

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