Fox says Newsmax is 'forum shopping' after antitrust case moves to Wisconsin

ReutersSep 22, 2025 11:54 PM

By Mike Scarcella

Sept 22 (Reuters) - Fox Corp FOXA.O and its subsidiary Fox News on Monday accused Newsmax NMAX.N of improperly lodging a new version of its antitrust case against Fox in Wisconsin, after a judge in Florida dismissed an earlier version of the case.

In a filing in Wisconsin federal court, Fox’s lawyers accused Newsmax of “impermissible forum shopping,” and asked a judge to return the lawsuit to Florida’s Southern District.

Newsmax’s complaints in both cases had accused Fox of suppressing competition in the market for the conservative-leaning pay TV. The new lawsuit, like the original filed in Florida on Sept. 3, said Fox violated antitrust law by coercing distributors to exclude competitors such as Newsmax or to restrict their reach.

Newsmax in a statement on Monday said Fox News has "hurt consumers and Newsmax all across the country, and we believe this case is admissible in any federal jurisdiction."

A Fox News spokesperson on Monday pointed to the company's filing after a request for comment. The filing urged the Wisconsin court to not reward what Fox called "procedural gamesmanship" by Newsmax.

Fox has said that "Newsmax cannot sue their way out of their own competitive failures in the marketplace to chase headlines simply because they can’t attract viewers."

U.S. District Judge Aileen Cannon in Florida dismissed Newsmax’s first lawsuit on Sept. 5, calling the complaint a “shotgun” filing because of how some of its allegations were organized.

Newsmax brought its new case in Wisconsin on Sept. 11, the deadline that Cannon had given the company to file an amended lawsuit in Florida.

Fox said in Monday's filing that the allegations have no connection to Wisconsin, and that Newsmax only abandoned the Florida court after learning the identity of the judge there and receiving her unfavorable initial ruling. Fox also said Newsmax's lawyers had since won an award of $185 million in legal fees in an unrelated case in the Wisconsin court.

Fox is represented by lawyers from law firm Paul Hastings, including Brad Bondi, a leader of the firm's investigations and white-collar group, whose sister is U.S. Attorney General Pam Bondi, and Michael Murray, the co-chair of the firm’s antitrust group.

Newsmax was founded in 1998 and launched Newsmax TV as a pay television channel in 2014. It debuted this year as a publicly traded company.

The case is Newsmax Broadcasting LLC v. Fox Corp and Fox News Network, U.S. District Court for the Western District of Wisconsin, No. 3:25-cv-00770.

For Newsmax: Michael Guzman of Kellogg, Hansen, Todd, Figel & Frederick; and Jennifer Gregor of Godfrey & Kahn

For Fox: Brad Bondi and Michael Murray of Paul Hastings; and Ryan Walsh of Eimer Stahl

Newsmax sues Fox again, expands lawsuit after Florida case dismissed

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