A federal judge dismissed Newsmax’s antitrust lawsuit against right-leaning rival Fox News (FNC) due to a technicality in the paperwork. Judge Aileen Cannon ruled that the September 3, 2025 filing, which contained five civil complaints, suffered from a procedural error known as a “shotgun pleading.”
The issue stemmed from the way the complaints were structured. Four of the five complaints incorporated all preceding allegations, creating a situation where the final count contained a combination of all previous claims. According to established case law, this renders the lawsuit ineligible to proceed in its current form.
This type of formatting, according to the judge, can overcomplicate and convolute the lawsuit, potentially violating the Federal Rules of Civil Procedure requirement for a “short and plain statement of the claim.” It also potentially interferes with the defendant’s right to “fair and adequate” notification of the claims against them.
However, Judge Cannon did note that Newsmax can refile the suit with the necessary corrections. Newsmax immediately indicated their intention to do so. The reason for the initial error remains unclear, especially given the well-known nature of the rule within the legal community. Judge Cannon warned that further incorrect filings could jeopardize future refiling attempts.
In response to the dismissal, FNC referred back to their original statement on the lawsuit: “Newsmax cannot sue their way out of their own competitive failures in the marketplace to chase headlines simply because they can’t attract viewers.”