"A Florida federal judge on Friday threw out right-wing cable news outlet Newsmax's antitrust lawsuit against rival Fox News on procedural grounds, calling the complaint a "shotgun pleading." US District Judge Aileen Cannon dismissed the lawsuit just two days after Newsmax filed it against the cable news giant and its parent company, Fox Corp. Newsmax alleged in its 31-page lawsuit that the Murdoch family-controlled conglomerate held an illegal monopoly in the "right-leaning pay TV news market."
"Cannon ruled that Newsmax's five-count lawsuit that alleged violations of federal and state antitrust laws is an "impermissible 'shotgun pleading'" on the basis that the second through fifth counts "incorporate all preceding allegations." The Trump-appointed judge said in her order that the most common type of "shotgun" complaint is, by a "long shot," a complaint containing multiple counts, "where each count adopts the allegations of all preceding counts." "The Court has an independent obligation to dismiss such pleadings and require repleader," Cannon wrote."
A federal judge dismissed Newsmax's antitrust lawsuit against Fox News on procedural grounds, describing the complaint as a "shotgun pleading." The dismissal occurred two days after Newsmax filed a 31-page suit alleging the Murdoch family-controlled conglomerate held an illegal monopoly in the right-leaning pay TV news market. The judge found the five-count complaint improperly incorporated all preceding allegations across multiple counts, rendering it impermissible. The court required repleader and gave Newsmax the option to file an amended complaint consistent with the order by the specified deadline. Newsmax indicated its law firm will refile.
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