Ninth Circuit Rules Against REX; Total Silence on DOJ's Theories

Looks like kicking the can down the road

A couple of weeks ago, I wrote a post puzzling over why the Department of Justice was so gung-ho about trying to revive the REX v. Zillow lawsuit. This was in response to actual oral arguments before the Ninth Circuit.

I wrote then:

I didn’t think I would learn anything new in this hearing that I didn’t know from the amicus brief and from the case in general… but I think I have.

For the TL;DR crowd: the DOJ appears to have a goal in mind, but it isn’t clear to me that this is the right case to achieve that goal. There are a couple of serious flaws in the case that I can’t quite understand.

Well, the Ninth Circuit just ruled and it is a total loss for REX and a total win for Zillow and for NAR. What is even more curious, the Ninth Circuit didn’t even address the DOJ’s Three-Theories thing.

There are some subtleties here, which we’re going to get into. Yeah, super law-nerdy stuff coming your way, but only if you care to engage. If not, go read Inman’s coverage on the ruling and go about your day.

Otherwise, let’s journey into details and speculations with yours truly. Again, this is education and entertainment; this is not legal advice and I am not your lawyer.