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Judge dismisses Newsmax’s case, giving Fox the win

Fox News gains early victory as Judge Aileen Cannon dismisses Newsmax antitrust case on technical grounds

Weekend Editor

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Fox News saw this week's ruling as a win. Rival right-leaning news outlet Newsmax is appealing. (anouchka / Getty Images)
Fox News saw this week's ruling as a win. Rival right-leaning news outlet Newsmax is appealing. (anouchka / Getty Images)

A federal judge has dismissed Newsmax’s high-profile antitrust lawsuit against Fox News, but the case is far from over.

Judge Aileen Cannon, of the Southern District of Florida, threw out the complaint this week, ruling that Newsmax’s filing amounted to a “shotgun pleading.” The term refers to a legal complaint that improperly incorporates all previous allegations into each count, making it difficult for the court to evaluate the claims on their own merits. Cannon has previously made headlines for her handling of the classified-documents case against former President Donald Trump, drawing national attention and controversy to her courtroom.

Newsmax filed the suit earlier this year, alleging that Fox News used its dominant position in the conservative media space to squeeze Newsmax out of cable distribution deals and harm its advertising business. The network accused Fox of anticompetitive practices, arguing that it had suffered significant financial damage as a result.

In a statement, Newsmax framed the dismissal as a procedural setback rather than a defeat, saying it would refile a clearer version of the complaint by the court’s September 11 deadline.

Fox News welcomed the decision, arguing that Newsmax’s legal strategy is a distraction from its business challenges. “Newsmax cannot sue their way out of their own competitive failures,” the network said in a filing.

The refiled case will be closely watched, not only for its potential impact on conservative media but also for what it signals about Cannon’s approach to politically charged litigation.

By CK Smith

CK Smith is Salon's weekend editor.

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