Monday, November 5, 2007

Court denies motion for arbitration in Home Quarters litigation

It has been several months since I last wrote about the Home Quarters v. Realcomp action pending in Michigan.

Last month, Magistrate Judge Whalen denied defendant MIRealSource's motion to compel arbitration and stay the litigation. The court relied in part on Judge Bucklo's recent decision in the Hackman suit pending in Illinois, stating that "[f]or virtually identical reasons, present Plaintiff's antitrust claims fall outside the 'disputes' contemplated by NAR's Manual, which, as in Hackman, was incorporated in its entirety into the arbitration agreement." (emphasis in original).

Accordingly we can expect this case to proceed in federal court, with the record available to the public for review.

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