Adds Newsmax comment in paragraph 3
By Mike Scarcella
April 23 (Reuters) - A federal judge on Thursday ordered Newsmax’s antitrust lawsuit against Fox Corp transferred back to Florida, saying the conservative broadcaster improperly abandoned an earlier case there against its larger rival and refiled it in Wisconsin after an adverse ruling.
Here are the details:
Newsmax accuses Fox of suppressing competition in the market for the conservative-leaning pay TV. Fox violated antitrust law by coercing distributors to exclude competitors such as Newsmax or to restrict their reach, the lawsuit alleges.
A Florida judge last year dismissed Newsmax’s first lawsuit based on a technical defect, and Newsmax refiled it in Wisconsin. The dismissal order from U.S. District Judge Aileen Cannon was not on the merits of the lawsuit.
Wisconsin-based U.S. District Judge William Conley’s order on Thursday said Newsmax engaged in "forum shopping." The judge said Wisconsin has no meaningful connection to the dispute, and that Newsmax is based in Florida.
“Although obvious, plaintiff offers no explanation why it dismissed the Florida case. Much less obvious is why it refiled here,” Conley wrote in his order.
Fox has denied any wrongdoing and moved to dismiss Newsmax's claims. In a prior statement, Fox said "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 in a statement said the Wisconsin order was procedural and "does not change the serious allegations we are making about Fox News."
Read more:
Newsmax denies 'forum shopping' in antitrust lawsuit against rival Fox
Newsmax sues Fox again, expands lawsuit after Florida case dismissed
Newsmax to refile lawsuit against Fox after judge faults 'shotgun' complaint
(Reporting by Mike Scarcella)