Officials with Keller Williams Realty Inc. announced Tuesday the hire of former U.S. Solicitor General Paul D. Clement to represent them in the Sitzer/Burnett v. National Association of Realtors lawsuit.
The NAR and two codefendants were found liable Oct. 31 in the federal Sitzer/Burnett trial, which challenged MLS rules and the real estate compensation model. An eight-person jury also found liable HomeServices of America and Keller Williams Realty, which were named in the lawsuit, according to reports.
Clement has argued over 100 cases in the U.S. Supreme Court, Keller Williams spokesperson Darryl Frost said in a brief statement. He praised Clement for being one of the top appellate attorneys in the country.
Paul D. Clement served as the 43rd Solicitor General of the United States. He was appointed to office by former President George W. Bush in 2005. Over the course of his career, he has argued many notable cases, including the impeachment of Bill Clinton and opposing the Affordable Care Act.
“I am delighted to be representing Keller Williams in this high-stakes appeal,” Clement said in a statement published on the Keller Williams website. “The verdict here raises serious legal issues and poses a threat to a wide range of business by converting practices enshrined in state law into per se antitrust violations.”
The Sitzer/Burnett lawsuit has “created big waves in the real estate industry,” Frost said in a press release.
“The defendants in the case are now preparing to appeal and hope to overturn the verdict,” he said. “If they fail, they will have to pay around $5.4 billion to the plaintiffs and amend their Buyer Broker Commission Rule.”
