Real Estate Exchange Inc v. Zillow Group, Inc.

FILED

NOT FOR PUBLICATION

MAR 3 2025

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

REAL ESTATE EXCHANGE INC, a No. 24-685 Delaware corporation, D.C. No. Plaintiff - Appellant, 2:21-cv-00312-TSZ

v.

MEMORANDUM*

ZILLOW GROUP, INC., a Washington corporation; NATIONAL ASSOCIATION

OF REALTORS,

Defendants - Appellees.

Appeal from the United States District Court1 for the Western District of Washington Thomas S. Zilly, District Judge, Presiding

Argued and Submitted February 13, 2025 Honolulu, Hawaii

Before: S.R. THOMAS, BRESS, and DE ALBA, Circuit Judges.

Real Estate Exchange (“REX”) appeals the district court’s grant of summary

judgment to the National Association of Realtors (“NAR”) and Zillow Group, Inc.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 1 REX also sued subsidiaries of Zillow Group, Inc. including Zillow, Inc., Zillow Homes, Inc., Zillow Listing Services, Inc., and Trulia, LLC. These entities are collectively referred to as “Zillow” here. (“Zillow”) on antitrust claims under Section 1…