Judge dismisses Newsmax's lawsuit against Fox News, but says it can refile an amended version

In this articleFOXANMAX your favorite stocksCREATE FREE ACCOUNTNews anchors work at Newsmax's booth during the second day of the 2024 Republican National Convention at the Fiserv Forum in Milwaukee, Wisconsin, July 16, 2024.Patrick T. Fallon | Afp | Getty ImagesA federal judge dismissed Newsmax's antitrust lawsuit against Fox News just two days after it was filed, but will allow the right-leaning media outlet to resubmit an am version.Newsmax's five-count civil complaint against Fox is an impermissible "shotgun pleading" because four of the counts "incorporate all preceding allegations," Judge Aileen Cannon wrote in the order dated Thursday in southern Florida federal court.Doing so causes each count "to carry all that came before," making the last count "a combination of the entire complaint," Cannon noted, quoting prior case law."The Court has an independent obligation to dismiss such pleadings and require repleader," Cannon wrote.Newsmax told CNBC in a statement, "We understand this is just a nical matter and our law firm is refiling."Read more CNBC coverageWhite House lambasts $2 trillion Norwegian wealth fund's Caterpillar exitUK feels the heat as investors and critics question its futureTrump asks Supreme Court to quickly hear appeal to his tariffsCongress races to avoid government shutdown as partisan standoff deepensBan on congressional stock ownership gains momentum with new billJudge voids $2.2 billion Harvard funding freeze by Trump administrationGOP senators not in rush to consider Cook replacement on Fed until case resolvedNewsmax sues Fox News for allegedly abusing monopoly powerTrump calls Epstein files distraction from success, victims call for their releaseTrump appeals ruling that National Guard deployment to LA broke the lawAbbe Lowell: The veteran defense lawyer squaring off against Trump in Federal Reserve fightTrump will ask Supreme Court for 'expedited ruling' on tariffs appealCannon gave Newsmax until Thursday to file an am complaint, which "must not contain any successive counts that incorporate all prior allegations.""Failure to comply with this Order may result in dismissal of the case without further notice," the judge wrote.The lawsuit filed Wednesday accused Fox News of acting as a monopoly and suppressing its competitors in conservative media through a variety of means, including intimidation tactics.Fox responded at the time, "Newsmax cannot sue their way out of their own competitive failures in the marketplace to chase headlines simply because they can't attract viewers."Newsmax seeks a permanent injunction barring Fox's conduct, as well as damages that its CEO, Chris Ruddy, told CNBC will be "significant and serious."This is news. Please refresh for .