Cases

The district court overturned the denial of the defendant’s motion to dismiss for improper venue. The plaintiff had signed an agreement with the defendant that included a forum selection clause which would move all disputes between them to federal courts in either Kentucky or Illinois. The plaintiff argued that the forum selection clause was ambiguous, but the district court disagreed and emphasized the rule that forum selection clauses are presumptively valid.

Before discovery began, SCI filed a motion for protective order to exclude persons other than the parties and their attorneys from attending depositions and to prohibit any of the parties their attorneys or court reporters from using or disseminating any information obtained in discovery without prior court approval; and to prohibit the parties or their attorneys from filing with the court any evidentiary matters or information obtained in discovery without first obtaining court approval. The court ordered the depositions closed; however, it permitted the media to obtain the transcripts and video tapes of the depositions directly from the court reporter when finalized.

The court said that it was well settled that while there is no first amendment right of access to pre-trial discovery materials, it does not follow that there is a constitutional right to prevent access to discovery. The court found that there was no departure from the essential requirements of law and thus, denied the petition.

Read More