Industry News

Judge Dismisses Newsmax Suit Against FOX

Judge Aileen Cannon dismissed Newsmax’s anti-trust suit against Fox Corporation and FOX News Network LLC, calling it an impermissible “shotgun pleading.” Judge Cannon provides the following definition of a shotgun pleading in her ruling:“The most common type [of shotgun pleading] – by a long shot – is a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint.” The suit was dismissed without prejudice which gives Newsmax the opportunity to file an amended complaint, but it must do so by September 11 and “must not contain any successive counts that incorporate all prior allegations.” Judge Cannon also adds that if an amended complaint is filed, “each count must identify the particular legal basis for liability and contain specific factual allegations that support each cause of action within each count.