Berkshire Hathaway Energy (BHE), the parent company of real estate brokerage HomeServices of America, asked Judge Stephen R. Baugh for an order to review previous decisions in the Gibson counterfeit commission case and force arbitration. I asked you to ask.
In a filing last week, BHE asked Baugh to reconsider his order denying BHE’s motion to cancel and dismiss the class action complaint for failure to file. The company is also seeking a court order forcing arbitration.
BHE was named as a defendant in the lawsuit in March 2024.
In its filing, BHE notes that in its previous order, the court found that the company “arbitrated arbitration and mediation agreements and class action waivers that may have been signed by absentee putative class members. “Because the law is not specified, it cannot be enforced,” he said.
The court made this decision even though none of the named plaintiffs sold real estate through HomeServices of America’s subsidiaries. The ruling came as the U.S. District Court for the Western District of Missouri and the Eighth Circuit Court of Appeals had ruled that similar agreements at issue in the Sitzer/Barnett case were unenforceable.
The new agreement, entered into after the District Court and Court of Appeals rulings, “identifies HomeServices as the “ultimate parent company,” even though the new agreement also expressly included “affiliate.” prevented BHE from enforcing the contract.”
BHE argued that the order “contains material and obvious errors of both fact and law,” and the court ruled against BHE’s dismissal, including that “no single plaintiff could allege a single fact.” It claims that it did not make a ruling on the grounds. Regarding the conduct of BHE. ”
BHE is also seeking a compulsory arbitration order from the court. The defendants believe that some of the plaintiffs have likely entered into contracts with HomeServices subsidiaries or franchisees that include mandatory arbitration clauses and that the contracts expressly provide that disputes will be resolved by arbitration rather than in court. They claim that it means that they are requesting it.
Additionally, BHE asserts that the arbitration agreement is enforceable under the Federal Arbitration Act. BHE said it would invoke the law to require any claims brought against it in the lawsuit to be resolved through arbitration. The company also said it felt it would be unfair to bring lawsuits related to contracts that include arbitration clauses without being allowed to enforce them.
In Sitzer/Barnett, HomeServices ultimately filed a writ of certiorari with the Supreme Court challenging the Eighth Circuit’s decision regarding the arbitration agreement. The Supreme Court ultimately dismissed the company’s claims.
