'This is forum shopping': Newsmax effort to avoid Judge Cannon falls flat as Wisconsin court sends antitrust lawsuit against Fox News back to Florida

A national justice successful Wisconsin erupted astatine Newsmax connected Thursday for trying to debar litigation successful the Southern District of Florida.

In a seven-page order, U.S. District Judge William M. Conley, a Barack Obama appointee, determined the right-wing cablegram web had engaged successful "forum shopping" aft a high-profile tribunal switch.

The underlying lawsuit — a monopoly situation against Fox News implicit entree to the "right-leaning wage TV" cablegram quality abstraction — was primitively filed successful the Sunshine State national strategy successful aboriginal September 2025.

The lawsuit was subsequently assigned to U.S. District Judge Aileen Cannon. The infamous appointee of President Donald Trump rapidly dismissed the lawsuit without prejudice for being an "impermissible shotgun pleading" and gave Newsmax the accidental to refile.

And refile it did — successful the Badger State.

Within an hr of alerting Cannon the institution was dropping the suit against Fox News, Newsmax filed a slightly longer — but strikingly akin — complaint successful the Western District of Wisconsin.

Days later, Fox News and its genitor institution filed a motion to transportation venue, accusing Newsmax of "such blatant forum shopping."

Now, the tribunal has agreed with the defendants.

Conley notes that the plaintiff "voluntarily dismissed" the Florida suit "and refiled a astir identical ailment successful this district."

The tribunal stresses the caller mentation of the suit "differs successful 3 superior ways" that person to bash with incorporation language, replacing Florida instrumentality with Wisconsin law, and adding violations nether the national Sherman Antitrust Act of 1890 and the Wisconsin Antitrust Act.

"Although obvious, plaintiff offers nary mentation wherefore it dismissed the Florida case," Conley says. "Much little evident is wherefore it refiled here."

To perceive the justice archer it, determination are nary applicable ties to Wisconsin — astatine slightest nary that marque it a amended spot to writer than Florida.

From the ruling, astatine length:

Here, not lone does Wisconsin deficiency immoderate peculiar transportation to plaintiff's antitrust claims, Newsmax is simply a Florida company, with its main spot of concern successful Boca Raton, Florida; and Fox News is simply a New York based company, wherever astir of its alleged behaviour presumably took place. Further, portion plaintiff alleges successful its ailment that it and suspect broadcast contented successful Wisconsin pursuant to nationalist and section carriage agreements, the aforesaid is existent successful Florida and each different state. Finally, though plaintiff's ailment asserts antitrust claims nether Wisconsin law, plaintiff simply recast its Florida authorities instrumentality claims nether Wisconsin's analogous statutes.

The plaintiff, successful an effort to bushed backmost the alteration of venue motion, argued, successful Conley's words, that the archetypal "case was pending for little than 48 hours" and that Cannon's "dismissal was simply a technical, not a merits-based determination (and thus, not adverse)."

The tribunal powerfully disagreed connected those points.

First, helium said, the timeline of events successful the 2 antithetic cases suggested possibly a likewise indefensible authorities of affairs.

"The magnitude of clip a lawsuit was pending is not dispositive of 'forum shopping,'" the tribunal muses. "To the contrary, that a lawsuit was lone pending a abbreviated play of clip earlier dismissal tin beryllium beardown grounds of forum oregon 'judge shopping,' successful which parties effort to debar an assigned justice by voluntarily dismissing 1 lawsuit and refiling successful a antithetic court."

Conley goes connected to straight quality the 2nd point.

"Here, the Florida tribunal dismissed plaintiff's complaint, which is an adverse ruling," the justice says. "Then, alternatively of correcting the defect, plaintiff dismissed its lawsuit and refiled with nary mentation for choosing this venue. Thus, without casting immoderate large aspersions, this is forum shopping."

The justice adds that portion Newsmax has the close to voluntarily disregard its lawsuit, the circumstantial regularisation of civilian process formalizing that close "does not successful the slightest licence attorneys to maltreatment the judicial process." In turn, Conley says, specified a dismissal does not "insulate plaintiffs" from a venue transportation motion.

"Because plaintiff has failed to supply immoderate mentation wherefore this lawsuit should beryllium tried successful Wisconsin oregon wherefore it dismissed the Florida enactment to refile present aft receiving an adverse order, the tribunal is near with the decision that plaintiff engaged successful forum (or astatine slightest judge) shopping," the tribunal found.

The call, however, was not monumentally successful favour of transfer, Conley said. But, connected the whole, Florida conscionable makes much sense.

Again, the order, astatine length:

For example, the parties person not argued whether this lawsuit could beryllium resolved much rapidly successful 1 territory oregon another; either territory tin grip an antitrust case; and the wide venue proviso of the Clayton Act gives the parties' nationwide prime for filing. However, portion some districts person an involvement successful the result of the suit, the Southern District of Florida has a higher involvement fixed plaintiff's incorporation successful Florida. In the end, with nary bully crushed for filing suit successful this district, plaintiff's transportation to Florida and its evident forum buying extremity the scales successful favour of transfer.

…

To beryllium clear, the dismissal of suit is not the problem. Had plaintiff chosen a territory wherever evidently beardown connections existed (say, New York) oregon adjacent a distinguishing transportation (say successful a superior TV market), the effect would beryllium different.

Ultimately, the tribunal transferred the suit backmost to Florida — wherever Cannon whitethorn oregon whitethorn not resume control. Whoever adjacent takes up the quality volition instantly beryllium faced with a question to dismiss.

A spokesperson for Fox News told Law&Crime that "the determination speaks for itself."

Law&Crime besides reached retired to attorneys representing Newsmax successful the suit but nary effect was instantly forthcoming astatine the clip of publication.