Overview

• The dismissal is without prejudice and came two days after Newsmax filed its 31-page, five-count case in the Southern District of Florida.
• Judge Aileen Cannon found that multiple counts improperly incorporated all prior allegations, a structure courts deem a shotgun complaint.
• Her order requires any amended filing to avoid successive counts that adopt earlier allegations and warns noncompliance could trigger dismissal without further notice.
• Newsmax alleges Fox used exclusivity demands, no-carry provisions, bundling penalties and other contractual barriers in violation of federal and Florida antitrust and consumer laws, seeking injunctive relief and treble damages.
• Newsmax called the ruling a technical matter and said it will refile, while Fox said the company cannot sue its way out of what it described as competitive failures to attract viewers.