Newsmax denies 'forum shopping' in antitrust lawsuit against rival Fox

By Mike Scarcella

Oct 15 (Reuters) - Newsmax NMAX.N is defending its move to refile a lawsuit against Fox Corp FOXA.O in Wisconsin after its claims faced an early hurdle in Florida, denying Fox's arguments that it engaged in impermissible "forum shopping" for a friendlier court.

In a filing on Tuesday in the federal court in the Western District of Wisconsin, Newsmax asked a judge to reject Fox's bid to transfer the lawsuit back to Florida, arguing it had an “absolute right” to pursue the case in Wisconsin.

Newsmax’s complaints in both cases accused Fox of suppressing competition in the market for conservative-leaning pay TV, alleging it violated antitrust law by coercing distributors to exclude Fox News competitors such as Newsmax or to restrict their reach.

A federal judge in Florida dismissed Newsmax's complaint there less than 48 hours after it was filed on September 3, citing a technical formatting issue.

The revised complaint includes new claims under the Wisconsin Antitrust Act and focuses on Fox’s business ties to the state, including programming distribution and broadcast assets.

“Fox’s allegations of forum shopping are overwrought,” Newsmax wrote in Tuesday's filing. “Newsmax did not refile in this district to escape a substantive adverse ruling in Florida (there was none).”

Fox News in a statement said “forum shopping their baseless claims to Wisconsin will not change the fact that Newsmax’s problems have nothing to do with distribution and everything to do with abysmal ratings.”

Newsmax said in a statement that its lawsuit is allowed in any federal court, and that Fox is trying to delay the litigation.

Fox has argued that Newsmax's case belongs in Florida, where many witnesses are located. Fox also pointed to a $185 million fee award recently won by Newsmax’s law firm in an unrelated Wisconsin antitrust case.

Newsmax pushed back at the suggestion that its legal team at law firm Kellogg Hansen chose Wisconsin based on prior success there, noting the firm has won large fee awards in many other states.

“Fox cannot seriously suggest that the firm engages in forum shopping each time it brings a new case in one of those jurisdictions,” Newsmax said.

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

Read more:

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

Newsmax sues Fox again, expands lawsuit after Florida case dismissed