Courtroom (Public Standard)
The presumption of public access is under attack. There is no other way to approach the current litigation surrounding the presumption.
Parties are even attempting to seal Court Orders that construe their written instruments. In Araujo v. E Mishan & Sons, Inc., No. 19 Civ. 5785 (JPC) (SN), 2022 WL 11812348, at *1 (S.D.N.Y. Oct. 20, 2022), "Plaintiff … filed a motion to seal the Court's Opinion and Order construing two terms in one of the claims of his patent." The Court declined the opportunity to seal in this case because of the First Amendment and common law presumptions of public access to judicial documents. Araujo, 2022 WL 11812348, at *1-*2.
You might say that sealing a Court Order that construes your own choice of words, with the result that no-one outside of your litigation could ever understand the Court's construction of the meaning of those words of yours, is a seal too far. The implications are clear for other cases, including insurance cases.
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