FOLLOW US

America September 12, 2025 4 mins read

Newsmax Drops Florida Antitrust Lawsuit Against Fox After Judge Rejects ‘Shotgun Pleading’ – Refiles In Wisconsin

America ı By Samuel Lopez

0 Comments

Untitled

Case Intel:

  • Newsmax voluntarily dismissed its antitrust claims against Fox Corp. in Florida and immediately refiled them in Wisconsin after Judge Aileen Cannon rejected the original complaint as an "impermissible shotgun pleading"
  • The lawsuit alleges Fox imposes "no-carry" provisions and financial penalties to prevent distributors from carrying competing right-leaning news channels like Newsmax
  • Newsmax claims Fox's anticompetitive behavior has delayed its growth for nearly a decade and cost it millions in potential revenue

USA HERALD - Newsmax Broadcasting pulled the plug on its Florida antitrust lawsuit against Fox Corp. late Thursday night, just hours before the court-imposed deadline to file an amended complaint. Instead of fixing the procedural flaws that prompted U.S. District Judge Aileen M. Cannon to toss the case, the Boca Raton-based news network took its fight to Wisconsin federal court.

The legal maneuver came after Judge Cannon delivered a sharp rebuke of Newsmax's original September 3 filing, calling it a "shotgun pleading" — legal terminology for complaints that are so poorly structured they make it impossible for defendants to mount a proper defense.

Timeline

  • September 3, 2025: Newsmax files initial antitrust lawsuit against Fox News Network LLC and Fox Corp. in Southern District of Florida
  • September 5, 2025: Judge Cannon dismisses case as "impermissible shotgun pleading"
  • September 11, 2025: Court-imposed deadline for amended complaint expires
  • September 11, 2025: Newsmax voluntarily dismisses Florida case and refiles in Western District of Wisconsin

The new Wisconsin filing maintains Newsmax's core allegations that Fox systematically blocks competitors from cable and satellite distribution networks through anticompetitive bundling practices and exclusionary contracts.

According to the complaint filed in Wisconsin federal court (case number 3:25-cv-00770), Newsmax alleges Fox employs several tactics to maintain its dominant market position:

Explicit "No-Carry" Provisions: Fox allegedly requires distributors to agree not to carry non-Fox right-leaning news channels as part of their licensing agreements.

Financial Penalty Structure: When distributors do carry Newsmax, Fox reportedly forces them to also carry and pay premium fees for less popular Fox channels like Fox Business Network, effectively making Newsmax carriage financially prohibitive.

Contractual Barriers: The lawsuit describes "a suite of other contractual barriers" designed to prevent competitors from gaining market access.

Newsmax claims these practices violate the Sherman Antitrust Act and have cost the network nearly a decade of potential growth. "But for Fox's anticompetitive behavior, Newsmax would have achieved greater pay TV distribution, seen its audience and ratings grow sooner, gained earlier 'critical mass' for major advertisers and become, overall, a more valuable media property," the company stated in court documents.

Shotgun Pleading Doctrine: Judge Cannon's dismissal centered on a fundamental procedural flaw. Federal Rule of Civil Procedure 8(a) requires complaints to contain "a short and plain statement of the claim." Shotgun pleadings violate this rule by incorporating all preceding allegations into successive counts, making it impossible for defendants to respond to specific claims.

"The second, third, fourth, and fifth counts in the complaint, however, incorporate all preceding allegations, thus rendering the complaint an impermissible 'shotgun pleading,'" Judge Cannon wrote in her September 5 order. She specifically required that any amended complaint avoid successive counts incorporating all prior allegations and ensure each count identifies particular legal bases with supporting factual allegations.

Antitrust Standards: Newsmax's claims under the Sherman Antitrust Act must demonstrate Fox's conduct unreasonably restrains trade in the relevant market. The company will need to prove market power, anticompetitive conduct, and resulting consumer harm — typically shown through higher prices, reduced output, or diminished choice.

Venue Shopping Strategy: By moving to Wisconsin, Newsmax argues it has stronger jurisdictional grounds, claiming its content broadcasts in the state through national and local carriage agreements, and that Fox maintains continuous business operations through license agreements and local station affiliations.

What's Next

The Wisconsin court will now determine whether Newsmax's refiled complaint meets federal pleading standards that tripped up the Florida case. Fox Corp. will have 21 days to respond once properly served.

Key procedural developments to watch:

  • Fox's likely motion to dismiss on jurisdiction or failure to state a claim grounds
  • Discovery timeline if the case survives initial motions
  • Potential class action certification if other right-leaning networks join the litigation

Settlement discussions remain possible, particularly given the high costs of antitrust litigation and Fox's recent $787.5 million settlement with Dominion Voting Systems in a separate defamation case.

Newsmax Counsel:

  • Michael J. Guzman, Kellogg Hansen Todd Figel & Frederick PLLC (lead counsel)
  • Jennifer L. Gregor, Godfrey & Kahn SC (Wisconsin local counsel)
  • Agustina Kloosterboer and Samuel J. Randall, Sperling Kenny Nachwalter LLC (Florida counsel)

Fox Corp. counsel information was not immediately available Friday.

Sources

  • [Court Docket - Southern District of Florida] (case number 9:25-cv-81091)
  • [Wisconsin Federal Court Filing] (case number 3:25-cv-00770)
  • Judge Cannon's September 5, 2025 Order Dismissing Complaint

🛑 It should be noted that the assertions in this lawsuit are merely allegations and have not been proven in a court of law.

Previous Article

Federal Judge Slams Door on McDonald’s Bid to Force Insurer Coverage for Workplace Violence Claims

Read More
1788 Posts

Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America September 11, 2026
Tenet Health 1,500 Layoffs Ripple Across North Texas Job Market
By – Rihem Akkouche
America September 11, 2026
Bears and RB Swift $33.75M Extension Locks In Backfield Anchor
By – Tyler Brooks
America September 11, 2026
Josh Hawley Opens OpenAI Investigation Over…

Key Takeaways Josh Hawley is demanding answers and internal records…

By – Samuel Lopez
America September 11, 2026
Congress Has Seen the Evidence on…

Key Takeaways Lawmakers with security clearances, including Rep. Nancy Mace,…

By – Samuel Lopez
Science & Technology September 11, 2026
iPhone Duo Finally Gives Apple Fans…

CUPERTINO, Calif. — iPhone Duo will bring a folding screen…

By – Michallie Harrison
America September 11, 2026
Mexican Food Company Announces California Layoffs…

Key Takeaways Ruiz Foods is cutting 176 jobs at its…

By – Samuel Lopez
America September 11, 2026
Sam Bankman-Fried Seeks Supreme Court Review…

By Samuel López | USA Herald Sam Bankman-Fried is taking…

By – Samuel Lopez
America September 11, 2026
5th Circuit Vacates $125M Award Over…

Key Takeaways A divided Fifth Circuit upheld relief from a…

By – Samuel Lopez
America September 11, 2026
5th Circuit Vacates $125M Award Over…

Key Takeaways A divided Fifth Circuit upheld relief from a…

By – Samuel Lopez
America September 10, 2026
41% of Lawyers Say Legal Careers…

Key Takeaways More than 41% of surveyed lawyers say the…

By – Samuel Lopez
America September 10, 2026
Trump Promises $5,000 Dividend Checks if…

By Samuel López | USA Herald DALLAS — President Donald…

By – Samuel Lopez
America September 10, 2026
Hawaii Couple Sentenced to Prison After…

Key Takeaways Scott Hawver received 16 months in prison, and…

By – Samuel Lopez
America September 10, 2026
Flock Safety Cracks Down on Police…

Flock Safety is introducing mandatory safeguards for its automated license-plate…

By – Jackie Allen
America September 10, 2026
Massachusetts Judge Publicly Reprimanded Over 2018…

Key Takeaways The Massachusetts Supreme Judicial Court publicly reprimanded Judge…

By – Samuel Lopez
America September 10, 2026
OpenAI Cybersecurity Under Scrutiny After AI…

OpenAI cybersecurity concerns are growing after researchers reported that a…

By – Jackie Allen
America September 9, 2026
To Catch a Predator: Robert Pattinson…

The phrase Catch a Predator became synonymous with one of…

By – Jackie Allen
America September 8, 2026
Trump-a-Palooza: Republicans Put Trump at Center…

DALLAS — Trump-a-Palooza is bringing Republicans from across the country…

By – Jackie Allen
America September 8, 2026
Iranian Twins Face Death Sentence and…

Iranian twins Taraneh and Romina Rahimi, 20, are facing drastically…

By – Jackie Allen
America September 8, 2026
AI Amnesia: Bigger Diffusion Models May…

AI Amnesia may be an emerging problem for researchers, artists…

By – Jackie Allen
America September 8, 2026
Bats Invade Homes in New York…

New York is experiencing a surge in bat encounters this…

By – Jackie Allen
America September 10, 2026
PGR Filed for Bankruptcy as Solar…

Solar power promises endless energy from an endless source —…

By – Rihem Akkouche
America September 10, 2026
Frazier $1.1B Public Fund Signals Fresh…

When investors line up not just to meet a funding…

By – Tyler Brooks
America September 10, 2026
Enbridge-Tallgrass Crude Oil Deal Locks In…

In the world of energy infrastructure, growth often looks less…

By – Tyler Brooks
America September 10, 2026
Brian Duckworth Death Silences a Voice…

Some voices carry further than the rooms they’re born in.…

By – Tyler Brooks
America September 10, 2026
Wrongful Death Lawsuit Against Energy Drink…

Key takeaways The latest reported order paused the family’s lawsuit…

By – Samuel Lopez
America September 10, 2026
Missing Scientists and Defense Personnel Continue…

Key takeaways Four people central to earlier coverage remain publicly…

By – Samuel Lopez
America September 9, 2026
Ambient AI Could Be the Next…

Key Takeaways Ambient AI can turn conversations into draft records,…

By – Samuel Lopez
America September 5, 2026
Georgian National Indicted in Money Laundering…

By Samuel López | USA Herald A federal grand jury…

By – Samuel Lopez
America September 1, 2026
DOJ Drops Hammer On Kansas School…

By Samuel López | USA Herald The U.S. Department of…

By – Samuel Lopez
America August 28, 2026
CVS Ordered to Answer for AI-Fueled…

Case at a Glance A Manhattan federal judge has ruled…

By – Samuel Lopez
Breaking News August 27, 2026
Sacred Horse Year Pilgrimage Turns Catastrophic…

A Disaster Unfolding in Real Time, Legal and Diplomatic Fallout…

By – Samuel Lopez
America August 27, 2026
When Your Chatbot Becomes the Star…

Legal Analysis: How AI Conversations Are Reshaping the Rules of…

By – Samuel Lopez
America September 6, 2026
Travis Kelce-Backed Club Car Wash Faces…

By Samuel López | USA Herald A fast-growing car wash…

By – Samuel Lopez
America September 6, 2026
‘DWTS’ Gleb Savchenko Lists $1.4 Million…

By Samuel López | USA Herald Factual Background Gleb Savchenko…

By – Samuel Lopez
America September 4, 2026
Trump Calls Tiger Woods DUI Plea…

In This Report Tiger Woods accepted reduced charges and surrendered…

By – Samuel Lopez
America September 2, 2026
Clippers Fined $30M as NBA Drops…

A year-long investigation just landed on the Los Angeles Clippers…

By – Rihem Akkouche
America August 26, 2026
Tupac Shakur Murder Trial Moves to…

The Tupac Shakur murder trial will resume Thursday in Las…

By – Jackie Allen
America August 21, 2026
World Cup Brawl Leads to Major…

EAST RUTHERFORD, N.J. — The World Cup final between Spain…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter