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Newsmax Defends Refiling Antitrust Suit Against Fox in Wisconsin, Rejects ‘Forum Shopping’ Claim

By  |  October 16, 2025
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Newsmax is standing by its decision to refile an antitrust lawsuit against Fox Corp in Wisconsin, countering claims by Fox that the network is seeking a more favorable venue after its earlier case was dismissed in Florida. According to Reuters, Newsmax told the federal court in Wisconsin that it had an “absolute right” to pursue its claims there, rejecting Fox’s argument that the move amounted to impermissible “forum shopping.”

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    In its filing on Tuesday in the U.S. District Court for the Western District of Wisconsin, Newsmax asked the judge to deny Fox’s request to move the case back to Florida. The conservative network’s lawsuits in both states accuse Fox of violating antitrust laws by using its market power to pressure distributors into excluding or limiting competing right-leaning channels like Newsmax.

    A federal judge in Florida had previously dismissed the original complaint just two days after it was filed on September 3, citing a technical formatting error. Per Reuters, Newsmax’s updated complaint now adds claims under the Wisconsin Antitrust Act and emphasizes Fox’s commercial ties to the state, such as local programming distribution and broadcast assets.

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

    Read more: Fox News Challenges Newsmax Antitrust Suit in Wisconsin Court

    Fox News, for its part, reiterated an earlier statement on Wednesday, saying “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.” According to Reuters, Fox has also argued that the case belongs in Florida because many key witnesses are located there and noted that Newsmax’s law firm, Kellogg Hansen, recently secured a $185 million fee award in a separate Wisconsin antitrust case.

    Newsmax dismissed the notion that its attorneys chose Wisconsin for strategic reasons, asserting that Kellogg Hansen has earned substantial awards in multiple jurisdictions. “Fox cannot seriously suggest that the firm engages in forum shopping each time it brings a new case in one of those jurisdictions,” the company said in its filing.

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

    Representing Newsmax are Michael Guzman of Kellogg, Hansen, Todd, Figel & Frederick, and Jennifer Gregor of Godfrey & Kahn. Representing Fox are Brad Bondi and Michael Murray of Paul Hastings, along with Ryan Walsh of Eimer Stahl.

    Source: Reuters