Federal Judge Aileen Cannon Kicks Case Just Days After Newsmax Files Suit.
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2025 MetroDesk Media, LLC) — Boca Raton-based Newsmax, the ultra-conservative cable channel that is full of people who couldn’t make it at Fox News Channel, just had its lawsuit against Fox turned off. Newsmax’s basic argument: it’s unfair that people watch Fox News but not Newsmax. Fox’s basic argument: people watch us because we’re better.
In an opinion issued just days after Newsmax claimed that Fox was engaged in anti-competitive behavior through its agreements with distribution providers, U.S. District Court Judge Aileen Cannon called Newsmax’s claims a “shotgun” approach to litigation and kicked the case. While Newsmax can refile, Jude Cannon’s message to Newsmax is made clear in her written opinion:
THIS CAUSE comes before the Court upon a sua sponte review of the record. On September 3, 2025, Plaintiff filed a five-count Complaint alleging violations of the Sherman Act, 15 U. S. C. 881, 2; violations of the Florida Antitrust Act, Fla. Stat. 8$ 542.18, 542.19; and a violation of the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.204 [ECF No. 1]. The second, third, fourth, and fifth counts in the Complaint, however, incorporate all preceding allegations, thus rendering the Complaint an impermissible “shotgun pleading” [ECF No. 1 11 87, 93, 95, 971. See Weiland v. Palm Beach Cnty. Sheriff’s Off., 792 F.3d 1313, 1321 (11th Cir. 2015) (“The most common type [of shotgun pleading]-by a long shot—is 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.”). The Court has an independent obligation to dismiss such pleadings and require repleader.
Accordingly, it is hereby ORDERED AND ADJUDGED as follows:
1. The Complaint [ECF No. 1] is DISMISSED WITHOUT PREJUDICE. 2. Plaintiff may file an amended complaint that is consistent with this Order on or before September 11, 2025. The amended complaint must not contain any successive counts that incorporate all prior allegations. In other words, Counts I, II, III, IV, and V may incorporate the same factual allegations (paragraphs 1 through 78), but Counts II, III, IV, and V must not broadly incorporate the allegations of previous counts. Further, each count must identify the particular legal basis for liability and contain specific factual allegations that support each cause of action within each count. 3. Failure to comply with this Order may result in dismissal of the case without further notice.
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Newsmax and Fox News Channel do share something in common: both paid Dominion voting systems tens of millions of dollars to settle claims that both news organizations lied about voter fraud involving Dominion machines during the 2020 election. (Fox’s settlement was $787M. Newsmax paid $67M). Newsmax operates from a building on Park of Commerce Drive in Boca Raton.
