The Lexington Herald-Leader actually editorialized in favor of The Family Foundation's argument that it didn't get the opportunity to take discovery in the Instant Racing case:
... When the foundation sought to learn more about this type of wagering, the court turned it down, ultimately giving the other parties the green light. The Kentucky Court of Appeals agreed with the foundation.
Former Supreme Court Chief Justice Joseph Lambert, writing for the majority, noted that the issues involved "are complex," including how the wagers are pooled and the odds determined, and whether a video of an historical race is actually a horse race under Kentucky law. But the trouble is those questions can't be answered without information.
As Lambert wrote, "the role of discovery in the litigation process can hardly be overstated."Read more here.