A federal judge in Wisconsin sharply rebuked right-wing cable network Newsmax for an apparent "forum shopping" scheme to relocate their lawsuit against Fox News to a court that would be more likely to rule in their favor.
Newsmax alleged in its complaint that Fox News violated antitrust law by striking "exclusionary deals" with cable providers designed to shut out their competition.
However, after having difficulties in the Florida court where they originally filed, they tried to move the case to the Western District of Wisconsin. In a ruling issued on Thursday, U.S. District Judge William Conley told Newsmax they can't do that.
"Here, the Florida court dismissed plaintiff’s complaint, which is an adverse ruling. Then, instead of correcting the defect, plaintiff dismissed its case and refiled with no explanation for choosing this venue. Thus, without casting any great aspersions, this is forum shopping," wrote Conley.
Newsmax claimed a blanket right to dismiss and refile their case under Rule 41(a) — but this didn't fly with Conley, who called it an "abuse" of legal procedure.
"Because plaintiff has failed to provide any explanation why this case should be tried in Wisconsin or why it dismissed the Florida action to refile here after receiving an adverse order, the court is left with the conclusion that plaintiff engaged in forum (or at least judge) shopping," wrote Conley, ordering the case sent back to the Southern District of Florida. "In the end, with no good reason for filing suit in this district, plaintiff’s connection to Florida and its apparent forum shopping tip the scales in favor of transfer."
