News anchors work at Newsmax’s booth during the second day of the 2024 Republican National Convention at the Fiserv Forum in Milwaukee, Wisconsin, July 16, 2024.
Patrick T. Fallon | Afp | Getty Images
A federal judge dismissed Newsmax‘s antitrust lawsuit against Fox News just two days after it was filed, but will allow the right-leaning media outlet to resubmit an amended version.
Newsmax’s five-count civil complaint against Fox is an impermissible “shotgun pleading” because four of the counts “incorporate all preceding allegations,” Judge Aileen Cannon wrote in the order dated Thursday in southern Florida federal court.
Doing so causes each count “to carry all that came before,” making the last count “a combination of the entire complaint,” Cannon noted, quoting prior case law.
“The Court has an independent obligation to dismiss such pleadings and require repleader,” Cannon wrote.
Newsmax told CNBC in a statement, “We understand this is just a technical matter and our law firm is refiling.”
Cannon gave Newsmax until Thursday to file an amended complaint, which “must not contain any successive counts that incorporate all prior allegations.”
“Failure to comply with this Order may result in dismissal of the case without further notice,” the judge wrote.
The lawsuit filed Wednesday accused Fox News of acting as a monopoly and suppressing its competitors in conservative media through a variety of means, including intimidation tactics.
Fox responded at the time, “Newsmax cannot sue their way out of their own competitive failures in the marketplace to chase headlines simply because they can’t attract viewers.”
Newsmax seeks a permanent injunction barring Fox’s conduct, as well as damages that its CEO, Chris Ruddy, told CNBC will be “significant and serious.”
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