REX Appeals Newest Court docket Loss, Goals To Preserve Combating Zillow
The corporate is interesting a current ruling that rejected its request for a brand new trial. REX has been feuding with Zillow for years now.
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Within the newest chapter in a long-running feud, now-defunct low cost brokerage REX has filed a brand new movement that goals to maintain its battle with Zillow alive a little bit longer.
REX — also called Actual Property Trade — filed the movement Monday. The movement is an enchantment to a current ruling towards REX and is basically pushing for the chance to carry a brand new trial within the firm’s lawsuit towards Zillow. The lawsuit started in 2021 and centered on the follow of conserving listings from MLS sources separate from people who don’t come from an MLS.
REX was a reduction brokerage that attempted to bypass the standard a number of itemizing service system and market on to shoppers. The corporate argued within the swimsuit that Zillow’s follow of conserving the listings separate harm REX’s enterprise.
The brand new movement is a response to a January order wherein a choose rejected REX’s request for a brand new trial. REX had made the request in November after losing a jury trial in September. The jury in that trial in the end concluded REX didn’t show Zillow used false promoting because it separated non-MLS listings from their MLS counterparts, making them accessible on a unique web page of its website. The jury additionally stated Zillow proved it was harmless of a second allegation of participating in unfair or misleading acts.
The jury verdict moreover got here a number of weeks after the court docket dismissed all antitrust allegations that had been a part of the lawsuit, which had initially focused each Zillow and the Nationwide Affiliation of Realtors.
The jury determination may have ended the case, and REX has lengthy since ceased to function as a brokerage. Nonetheless, the agency as an alternative opted to press on.
REX’s November request for a brand new trial argued that it was unfairly barred from presenting testimony about actual property commissions to jurors and that the court docket allowed Zillow to “improperly escape legal responsibility” towards false promoting and client deception claims.
Nonetheless, the choose rejected these arguments. In his January determination, Choose Thomas Zilly stated that REX was “ably represented, each earlier than and through trial, by a number of attorneys from well-regarded regulation corporations.” The choose additionally stated REX had “greater than ample assets” to pursue the case, and that the corporate’s attorneys had alternatives to file motions, provide proof and do different issues to show their factors.
The end result, the choose dominated, was that REX’s failure within the swimsuit wasn’t the results of a “procedural flaw” or an “error on the a part of the court docket” — and so it will not get a brand new trial.
The most recent movement filed Monday asks america Court docket of Appeals for the Ninth Circuit to reverse that call and let the case proceed. Solely time will inform, although, if REX will likely be granted the flexibility to combat on.
Learn REX’s newest movement right here:
