A federal judge in Wisconsin has ordered that Newsmax’s antitrust lawsuit against Fox News be sent back to Florida, ruling that the cable network appeared to be “judge shopping” by moving the case across the country.
U.S. District Judge William Conley granted a motion on Thursday to transfer the legal battle to the Southern District of Florida. This is the same venue where Newsmax originally filed its complaint before abruptly dropping it and refiling in Wisconsin.
The dispute centers on allegations from Newsmax that Fox Corporation and Fox News Network used their market dominance to pressure cable providers into restrictive contracts. Newsmax claims these deals were designed to block or stunt the growth of competing right-leaning news outlets.
READ: Fox News Poll: President Trump’s Approval Hits 42% As Economic Anxiety Grips Voters
The case’s journey through the court system has been rocky. Last year, Judge Aileen Cannon in Florida dismissed Newsmax’s first attempt at the lawsuit, calling it a “shotgun pleading”—a legal term for a complaint that is too disorganized or repetitive for a defendant to properly answer. Judge Cannon gave Newsmax one week to fix the errors and refile.
Instead of amending the filing in Florida, Newsmax voluntarily dismissed that case and refiled a nearly identical version in Wisconsin the very same day.
In his order, Judge Conley blasted the move. He noted that Newsmax is a Florida-based company and could not provide a clear reason why the case belonged in Wisconsin, other than the fact that Fox broadcasts there—just as it does in every other state.
“Because plaintiff has failed to provide any explanation why this case should be tried in Wisconsin or why it dismissed the Florida action to refile here after receiving an adverse order, the court is left with the conclusion that plaintiff engaged in forum (or at least judge) shopping,” Conley wrote.
READ: Ratings Rumble: FOX News Topples NBC As Viewers Flock To Political And Space Coverage
Newsmax had argued it had an “absolute right” to dismiss and refile its case under federal rules. While Conley agreed that the right to dismiss exists, he noted it does not give a party the right to manipulate which judge hears their case to avoid an unfavorable ruling.
The court in Wisconsin also notably refused to pause the discovery process—the phase where both sides must exchange evidence—while the motion to transfer was being considered.
With the case headed back to the Southern District of Florida, it will likely return to the courtroom of Judge Cannon. The transfer order leaves Fox’s pending motion to dismiss the entire case up to the Florida court to decide.
Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.
Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox
