Judge Cannon just blew up Newsmax's 'shotgun' lawsuit against Fox News before the case even got off the ground

[BumRushDaShow]

Source: Law & Crime

Sep 5th, 2025, 5:22 pm


Just one day after Newsmax sued Fox News, claiming the Rupert Murdoch-founded network had illegally monopolized the "right-leaning pay TV" cable news space, U.S. District Judge Aileen Cannon threw out the lawsuit for being a "shotgun" mess before the case could even get off the ground.

The court docket in Newsmax Broadcasting, LLC v. Fox Corporation and Fox News Network, LLC, shows that the lawsuit was filed on Wednesday under the theory that Fox has engaged in "longstanding and ongoing" anticompetitive conduct that "leverages [its] market power to coerce distributors into not carrying or into marginalizing other right-leaning news channels, including Newsmax."

That same day, Cannon — an appointee of President Donald Trump who dragged out and then threw out special counsel Jack Smith's Espionage Act investigation and prosecution of the then-candidate — was assigned the case.

By Thursday, Cannon had already determined that Newsmax's antitrust complaint must be thrown out as an "impermissible 'shotgun pleading,'" explaining that by "shotgun" she meant "a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint."

Read more: https://lawandcrime.com/high-profile/judge-cannon-just-blew-up-newsmaxs-shotgun-lawsuit-against-fox-news-before-the-case-even-got-off-the-ground/

[hlthe2b]

1. From a vague spectator perspective, I'd bet there could (have been) and still is a case there

Maybe this will piss off NewsMax enough that they decide to do a little ACTUAL reporting on Canon, Trump, Fox, and the corruption that lies barely under the surface.

[BumRushDaShow]

2. Apparently she gave them the option to refile

if they clean it up.

But these are a group of loons who only hire loon lawyers like a Pirro, to attempt to argue a case.

[John1956PA]

4. Some jurisdictions recogonize a "motion for a more specific pleading."

Also, when the the initial pleading (the "complaint" ) is deemed to be vague or improperly structured, the plaintiff has the right to file an amended compliant within a set period of time after the vagueness or structuring issue is raised.

[RVN VET71]

6. It is to laugh

NewsMax doing actual reporting? I think the charter they exist under forbids such gross anti-MAGA behavior.

[hlthe2b]

7. And Fox DOES?

[RVN VET71]

16. Sorry about that, but it's kind of axiomatic the Fox is of the Devil

Hasn't reported on a story it could distort and outright lie about, at least since Roger Ailes -- may the his fat and diseased soul burn forever in Hell -- arrived to wrest the network from its boring mediocrity by introducing lying as its major product. Oh, and rampant sexism.

[padah513]

3. She's still kicking cans down the road, I see

[Marcuse]

5. Don't bring a shotgun to a cannon fight.

[JoetheShow]

8. Day-am! I've bought extra popcorn to eat while watching the entertainment.

I guess I'll have to wait for the Epstein files now.

[BaronChocula]

13. Keep the faith

Newsmaga will find another maga way to keep this going. Whether it's in the legal system or smearing their waste on the walls at Fox headquarters, something tells me this might not be over.

[mwb970]

9. Even SHE has her limits.

[ificandream]

10. Newsmax-Fox complaint pdf

extension://moflefeaglahaffdcfllaceiidcfmpdb/lib/pdfjs/web/viewer.html?file=https%3A%2F%2Fwww.newsmax.com%2FNewsmax%2Fmedia%2FPDFs%2FNewsmaxFoxComplaint.pdf

[Oeditpus Rex]

11. This strikes me as like

the New York Giants suing the Yankees in 1956 for winning more championships and drawing more fans, even though they're right across the Harlem River.

[Sneederbunk]

12. She got the phone call.

[onenote]

14. Bad lawyering on Newmax's part.

The Eleventh Circuit, which is the circuit in which Cannon's court is located, is notable for having actively policed shotgun pleadings and has a well-developed body of law addressing these filings. The most common form of shotgun pleading it has identified as improper under the Federal Rules of Civil Procedure is a complaint "where each count adopts the allegations of the preceding counts until a final count combines all prior allegations."

In short, Cannon's ruling was totally predictable in light of Eleventh Circuit precedent and could/should have been avoided had Newmax's attorneys not screwed up.

[JoseBalow]

15. I hope it continues, and costs them both a lot of money

[RedArkGuy]

17. My read

She knows that when she's eventually removed from the federal bench for corruption and incompetence getting a show on Fox News will be much higher paying than one on Newsmax.

[onenote]

18. My read:

She knew that if she didn't dismiss the complaint on her own, Fox would move to dismiss it and if she didn't, the 11th Circuit would reverse her decision because 11th Circuit precedent makes it clear the complaint was defective. So she dismissed it on her own motion, without prejudice, giving Newsmax until the 11th to refile a properly constructed complaint.

In short, she kept the case moving faster than might otherwise have been the case -- doing Fox no favors in the process.