Litigants’ Agreement Cannot Limit Public Access to Courts

Kentucky v. Marathon Petroleum Company, No. 3:15-cv-354 (W.D. Ky.) September 17, 2019.


First Amendment and common law rights of access cannot be waived by any party’s failure to object to a motion to seal or by the parties’ consent to place records under seal. Access rights rest with the public and may be limited in the court’s discretion for good cause, including the potential of disclosure of corporate agreements to impede corporate contract negotiations.

Kentuchy v. Marathon Petroleum Co. (W.D. Ky., 2019)