A federal judge in Missouri has ruled that Berkshire Hathaway Energy must face an antitrust class action regarding real estate commissions, despite a $250 million settlement reached by its subsidiary, HomeServices of America, in 2024. U.S. District Judge Stephen Bough rejected the defense’s "single enterprise" argument, which contended that the parent and subsidiary should be treated as a unified entity to preclude additional damages.
The ruling centers on the interpretation of settlement intent and the scope of liability releases. Judge Bough noted that during the 2024 settlement process, HomeServices of America explicitly requested the court to evaluate the $250 million accord based on its own specific financial resources. Consequently, the court found that the settlement did not extend a liability shield to the "deeper-pocketed" Berkshire entities.
The litigation stems from a broader industry-wide conspiracy claim alleging that brokerages and the National Association of Realtors artificially inflated home-seller commissions. While many industry participants settled following a landmark $1.8 billion jury verdict in 2023, this decision signals that corporate parents remain exposed if settlement language does not specifically and fairly cover the entire enterprise.
The case now moves toward a jury trial, as some objectors continue to challenge the adequacy of existing industry settlements before the U.S. Court of Appeals for the Eighth Circuit.
