In the filing, the retired judges go on to argue that the district court judge’s handling of this situation impacts the fairness of the process, stating that the Batton plaintiffs should be allowed to intervene in the Tuccori suit and present their objections. “The district court treated his structural challenge as ordinary,” the amicus filing states. “But an objection at the final approval hearing is not well-suited to testing whether the settlement forum itself was chosen to avoid adverse rulings, whether the deal reflects reverse-auction dynamics, or whether the opt-in settlement process undermines the coordination tools federal courts use to manage overlapping litigation.” It provides a broad release for Realtor members, Realtor associations, MLSs, and those brokerages that meet the settlement’s eligibility requirements,” the spokesperson added. In the preliminary approval for the opt-in settlements, which was issued in May 2026, Judge Jenkins wrote that the terms of the settlement, including the amount of each proposed opt-in agreement, are “fair, reasonable and adequate.”