This is what happens when someone knows the law substantially more than you do. This judge was … let’s say exasperated, with Newsmax. They got caught trying to do something they shouldn’t have tried in the first place. They’re in trouble. Gotta love it! “Judge blows up Newsmax’s attempt to game courts in lawsuit against Fox News.” That is the article headline. And the judge? Let’s see what he had to say. My compliments to Raw Story:
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.
Last we knew, Fox ‘News’ wasn’t in Wisconsin. The forum shopping seems to be accurate. Remember how Trump got one of his Jack Smith reports put on hold by a very friendly Judge Loose Cannon? We’re apparently never going to get to see that one. It’s a pity because Trump *was* holding onto Top Secret and above material. We saw pictures. And now, back to Newsmax.
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.
Yep. They were definitely trying to shop around for a more friendly judge. Can’t do that. It doesn’t work like that. It appears they haven’t paid any attention to Trump and his flops. That might have told them something. It might have told them a lot of things if they had a decent lawyer. It makes me cringe to think of working with them. Yuck.
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.”
WHAM. The judge just set Newsmax’s hair on virtual fire and gave them a punt out of the door, too. Going by what the judge said, it was blatantly obvious from the get-go that they were forum shopping. Now he has told them to go home and refile. Good for him. It’s so nice when we get to see something like this happen. It gives us a boost, because they failed and failed again. If they’re smart, they would just give it up. We don’t know if they’re smart or not, but it’s Newsmax, so probably not. Applause to the judge!
See you soon!
Friends, I know everybody begs you for money. I promise you that of all of the outlets bugging you for spare change, we are the smallest and the hardest working. We’re a bunch of old, disabled people, except one writer in his mid-50s. But the rest of us are in our sixties and seventies, and this is a labor of love. All we’re asking for is the ability to continue our quest to tell the truth about Trump and help ensure democracy survives. If you can help, please do. Thank you. Ursula
Way to go, Your Honor!
It’s past time that forum (or judge) shopping was terminated with extreme prejudice. There is NO valid reason for this being done under any circumstances. (It is a bit interesting that, when left-leaning groups have attempted to do this very action, the right-wing calls foul and manage to get the courts to turn away the lawsuits. But they seem to think they should have some blanket right to engage in this blatantly unethical behavior. One judge who’s been a favorite of right-wingers has been Judge Kacsmaryk from the Northern District of Texas; he’s the slime-bucket who ordered an injunction against the use of mifepristone.)
I was absolutely thrilled to read the article and had a great time writing and sharing this! I had forgotten about Kacsmaryk and only remembered Loose Cannon.
He has been added to the list I have of Bada$$ Judges. 😉