A federal judge tossed an antitrust suit against Fox News for now, saying the case brought by conservative TV news rival Newsmax Broadcasting LLC is an impermissible “shotgun pleading.”
Judge Aileen M. Cannon of the US District Court for the Southern District of Florida on Thursday dismissed the complaint without prejudice, giving Newsmax a chance to file an amended suit by Sept. 11.
The dismissal comes less than 48 hours after Newsmax sued Fox Corp. with claims the company engaged in exclusionary practices to maintain a monopoly in the US right-leaning pay TV news market.
Cannon in her order said several counts in the complaint incorporated preceding allegations, making it an overly broad shotgun pleading.
Such pleadings lack clarity and organization, often resulting in their dismissal within days. Defendants can be left guessing how to respond to such claims, dragging out litigation unnecessarily.
The US Court of Appeals for the Eleventh Circuit in particular has monitored shotgun pleadings in recent years.
In her order, Cannon said each count in an amended complaint “must identify the particular legal basis for liability and contain specific factual allegations that support each cause of action within each count.”
“Failure to comply with this Order may result in dismissal of the case without further notice,” she said.
Attorneys representing Newsmax didn’t immediately respond to a request for comment.
Newsmax is represented by Kellogg Hansen Todd Figel & Frederick PLLC and Sperling Kenny Nachwalter PA. No counsel entered an appearance for Fox.
The case is Newsmax v. Fox News, S.D. Fla., No. 9:25-cv-81091, 9/4/25.
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