REX’s petition for rehearing of its appeal denied

The Ninth Circuit Court of Appeals has declined to rehear the appeal of REX Real Estate en banc. In a filing made on Wednesday, Judges Daniel Bress, Ana de Alba, and Sidney R. Thomas informed the parties of their decision. Judge Bress and Judge de Alba rejected the petition, while Judge S.R. Thomas supported it. As there was a two-to-one majority and no judge requested a vote on rehearing the matter en banc, the petition was turned down. REX submitted the petition in mid-March, seeking a rehearing of its appeal by all Ninth Circuit Court of Appeals judges. The appeal pertains to a U.S. District Court’s summary judgment that found the National Association of Realtors (NAR) and Zillow did not violate antitrust laws. The petition was based on the argument that the panel’s opinion was flawed and that the court’s ruling was incorrect. The legal proceedings began in March 2021 and have now reached a critical juncture as the saga may be coming to an end. Zillow, which had to adhere to NAR’s no-commingling rule, has been at the center of the dispute. In May 2022, REX ceased its brokerage operations, and subsequent legal actions have unfolded since then. The court rulings have favored Zillow, prompting REX to file an appeal in February 2024 following a denied motion for a new trial.