Court ruling8/19/2026

Supreme Court Expands Access to Materials in Class Actions

The Supreme Court of Israel dismissed Google’s appeal against the decision permitting attorney Amit Zilberberg to inspect materials from a class action, even though he was not a party to the proceeding. The Court held that the principle of open justice requires particularly broad access to documents in class actions.

Key facts

•Court: Supreme Court of Israel
•Justice: Ofer Grosskopf
•Applicant seeking inspection: Attorney Amit Zilberberg
•Materials were also requested from 24 proceedings
•Google’s appeal was dismissed
•The case number and date of the decision are not stated in the source

Why the Dispute Arose

Attorney Amit Zilberberg said that he had received inquiries concerning Google’s activities and that he was considering initiating proceedings against the company. In addition to the current case, he requested access to materials from 24 other previous proceedings against Google, including ordinary lawsuits and class actions on various matters. Lower court decisions on requests of this kind differed, and several courts awaited the Supreme Court’s position.

Google’s Objections

Google described the requests as an improper “fishing expedition” and an abuse of legal process. According to the company, the attorney was attempting to identify grounds for new lawsuits in cases unrelated to his clients, and the requests themselves were filed using a template and without sufficient reasoning. The company also asserted the existence of trade secrets, but that issue became moot because the relevant documents had not been scanned into the electronic case file.

What the Supreme Court Ruled

Justice Ofer Grosskopf agreed to hear the application for leave to appeal in order to resolve the inconsistencies among the previous decisions, but dismissed the appeal on its merits. Under the applicable regulations, the starting point is that a request to inspect should be granted by virtue of the principle of open justice; the court must determine whether access is prohibited and whether the request is justified. A brief explanation is sufficient for such a request.

The Special Status of Class Actions

The Court emphasized that class-action proceedings require a higher level of transparency because they often address issues of public importance. Access to previous case files helps those considering filing a class action to act in an informed manner and avoid unnecessary duplicative proceedings. Inspection of similar cases or materials against the same defendant should therefore be encouraged, and access should be opposed only in rare cases where there is a substantive reason.

What this means for you

It will be easier for a person or group representative considering filing a class action to obtain materials from similar cases that have already been heard, even if they were not a party to them. This may help them understand which issues have already been examined and avoid filing a duplicative lawsuit. Access is not unconditional, however: the court must still determine whether any prohibitions or substantive grounds exist for restricting inspection.

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