Daily Case Law
Monday, November 2, 2026 · 12 decisions worth your morning coffee
Israel

Deri v. Weizmann — Supreme Court declined to bar the project company from selling apartments

Supreme Court of Israel · עופר גרוסקופף (Israeli Judicial Selection Committee, 2018) · 2026-11-01breach of contract

Background: Kiryat Halav U’Dvash Ltd. sought financing for a Jerusalem construction project by granting lenders options to purchase apartments. In 2008, Liora and Ariel Deri paid Zvi Weizmann for an option to acquire one or more apartments totaling 125 square meters. After the project stalled, the parties entered further agreements. Their final agreement contemplated ending the…

Held: Justice Ofer Grosskopf denied leave to appeal. Appellate courts intervene in interim-relief decisions only in exceptional cases, and the Deris had not shown that this was such a case. Their application, filed roughly three months after the District Court’s ruling, also undermined the asserted urgency. Waiting for the hearing transcript did not adequately explain the delay, particularly because another month…

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Canada

R. v. Moshfeghi Zadeh — Supreme Court sets aside dangerous-driving acquittals and orders a new trial

Supreme Court of Canada · 2026-10-30criminal

Background: Seyed Ramin Moshfeghi Zadeh drove through a red light at a busy downtown Vancouver intersection. His vehicle collided with another vehicle and mounted the sidewalk, striking a father and his 18-month-old daughter. The father was severely injured and the child was killed. Moshfeghi Zadeh was charged with dangerous driving causing death and dangerous driving causing…

Held: By a 5-4 majority, the Supreme Court allowed the Crown’s appeal, set aside the acquittals and ordered a new trial. Justice O’Bonsawin held that a momentary lapse of attention, without anything more, can amount to the marked departure required for dangerous driving. There is no separate rule for brief lapses: the court must assess all the evidence and ask whether…

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United Kingdom

Balliol College v Aviva — court ruled the policies did not cover the claimed COVID-19 business-interruption losses

High Court (Commercial Court) · Michael Green (Queen Elizabeth II, 2020) · 2026-10-30insurance coverage

Background: Oxford University colleges, halls, and related entities claimed under Aviva commercial combined policies for business-interruption losses suffered during the COVID-19 pandemic. The policies covered interruption or interference following a specified disease occurring at the insured premises or within five miles, but stated that Aviva would not cover a reduction in revenue caused by an occurrence…

Held: Mr Justice Michael Green decided the scope-of-cover issue for Aviva. The outside-radius provision was a clear exclusion, not merely a clarification of the insuring clause. Its reference to “any premises” did not confine the exclusion to locations other than the scheduled premises, and the words “caused by” did not justify inserting a requirement that outside-radius occurrences be the sole cause.

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Arkansas

Burnett v. McCastlain — Arkansas Supreme Court upheld denial of parole eligibility

Arkansas Supreme Court · Karen R. Baker, Chief Justice (elected 2010) · 2026-10-29civil procedurecriminal

Background: Darius Burnett was convicted of three counts of residential burglary in 2013. He later pleaded guilty to offenses committed in 2019, including residential burglary, violation of a protective order, criminal mischief, and aggravated assault. A sentencing order entered on December 6, 2023, imposed an aggregate prison term of 120 months.

Held: The Arkansas Supreme Court affirmed. It held that the statute’s express-designation requirement did not apply to Burnett because his sentencing order was entered after May 24, 2022. Under the statute’s plain language, a pre-April 1, 2015 residential-burglary conviction may qualify as a prior violent felony without an express designation when the defendant was sentenced on or after May 24, 2022.

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Australia

Henderson — Federal Court upheld both sides’ legal professional privilege claims

Federal Court of Australia · 2026-10-30civil procedureemployment

Background: Jacqueline Henderson and Kyle Sandilands had long presented “The Kyle and Jackie O Show” on a radio station licensed by Commonwealth Broadcasting Corporation Pty Ltd, an ultimate subsidiary of ARN Media Ltd. After an on-air argument on 20 February 2026, Henderson and her company sent CBC a letter raising workplace-safety, Fair Work Act, contractual and…

Held: Justice Jackman upheld CBC and ARN’s privilege claims. The affidavit evidence, reinforced by the Court’s inspection of the documents, established that the disputed materials were created for the sole or dominant purpose of obtaining, providing or disseminating legal advice. That conclusion extended to the workplace investigation, communications among non-lawyers, work performed by the internal legal team, communications involving public-relations and…

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Federal

California Nurses Association v. Mullin — Ninth Circuit declines to rehear denial of a stay en banc

U.S. Court of Appeals for the Ninth Circuit · S.R. Thomas, Senior Circuit Judge and En Banc Coordinator (Bill Clinton, 1996); Tung, Circuit Judge (Donald Trump, 2025); Callahan, Circuit Judge (George W. Bush, 2003); Nelson, Circuit Judge (Donald J. Trump, 2018); Collins, Circuit Judge (Donald J. Trump, 2019); Bress, Circuit Judge (Donald Trump, 2019); Bumatay, Circuit Judge (Donald Trump, 2019); VanDyke, Circuit Judge (Donald Trump, 2019) · 2026-10-30civil procedure

Background: California Nurses Association, National Nurses United, Voto Latino Foundation, and two California local governments sued federal agencies and officials over a Department of Homeland Security process for identifying and investigating possible noncitizen voting. The district court found that the two nursing organizations likely had associational standing and that DHS’s activities likely violated Section 11(b) of…

Held: A majority of the Ninth Circuit’s nonrecused active judges did not vote in favor of rehearing the panel’s October 30, 2026 order en banc. The court therefore concluded the en banc proceedings, leaving the panel’s denial of a stay—and consequently the preliminary injunction pending further proceedings—undisturbed. The order did not resolve the ultimate merits of the government’s appeal.

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Ohio

State v. Daniels — Ohio appeals court affirms maximum concurrent prison terms and court costs

Ohio Court of Appeals (Second District) · ROBERT G. HANSEMAN (elected 2025); Tucker, J. (elected 2017); Huffman, J. (elected 2023) · 2026-10-30criminal

Background: Kunta C. Daniels broke into a Dayton school on two consecutive days in July 2025 and later broke into a garage on the same street. He was charged in two Montgomery County cases with two counts of breaking and entering and one count of second-degree burglary.

Held: The Second District affirmed. Court costs are governed by R.C. 2947.23, not the felony-financial-sanctions provisions that require consideration of an offender’s present and future ability to pay. Costs of prosecution are mandatory in criminal cases, and the court was not required to assess Daniels’s ability to pay before imposing them.

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Florida

Kofahl v. State — Fifth District affirmed without a written explanation

Florida Fifth District Court of Appeal · JAY, C.J. (Ron DeSantis, 2023); Lambert, J. (Rick Scott, 2014); Soud, J. (Ron DeSantis, 2022) · 2026-10-27civil procedure

Background: Justin William Kofahl appealed from the Circuit Court for Volusia County, where Circuit Judge Kathleen McNeilly presided. The Fifth District’s opinion identifies appellate case numbers 5D2026-1362 and 5D2026-1364 and lower-tribunal case numbers 2023-101601-CFDL and 2024-106151-CFDL.

Held: The Fifth District Court of Appeal issued a per curiam decision stating only: “AFFIRMED.” Chief Judge Jay and Judges Lambert and Soud concurred.

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Israel

I’billin Local Council v. Nahla — Supreme Court allowed the council to amend its defense

Supreme Court of Israel · רות רונן (Judicial Selection Committee of Israel, 2022) · 2026-11-01civil procedure

Background: Nahla provided planning, management, and oversight services to I'billin Local Council under agreements funded by the Ministry of Construction and Housing. A 2018 agreement provided for payment of NIS 3.52 million, and a 2023 addendum described as an increase to that agreement provided another NIS 3.43 million. After Nahla completed its services but did not…

Held: Justice Ruth Ronnen treated the application for permission to appeal as an appeal and allowed it. Although decisions on amendments ordinarily lie within the trial court's discretion, this was an exceptional case warranting intervention. Under Rule 46(a) of the Civil Procedure Regulations, the overriding consideration is whether amendment will promote a proper and fair adjudication, particularly by helping resolve the…

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Canada

M. Untel — Tax Court granted tailored anonymity and confidentiality protections

Tax Court of Canada · 2026-10-26employmentinsurance coveragetax

Background: The appellant challenged a ministerial decision concerning his insurable earnings and hours of insurable employment while working for the Government of Canada in 2018. He also filed a notice of constitutional question contesting the exclusion of unpaid leave taken for illness related to his disability from the calculation of insurable hours for Employment Insurance benefits.

Held: The Tax Court granted the motion on tailored terms. Applying the open-court framework, it found a serious risk to the appellant’s dignity and privacy because the records contained highly sensitive medical and biographical information and concerned a stigmatized health condition. The Court concluded that limited protections were necessary and proportionate, particularly because online publication could make the information substantially more…

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United Kingdom

PAL Aerospace v Home Secretary — automatic suspension of surveillance-aircraft contract award remains in place

High Court (Technology and Construction Court) · Jonathan Acton Davis (Lord Chief Justice of England and Wales, 2008) · 2026-10-29breach of contract

Background: The Home Office ran a procurement for the Strategic Intelligence Surveillance and Reconnaissance Special Missions Aircraft Management Service, which supplies aerial surveillance information concerning small-boat crossings from mainland Europe to the United Kingdom. PAL Aerospace, the incumbent provider, challenged the decision to award the new contract to DEA Aviation.

Held: Jonathan Acton Davis KC, sitting as a Deputy High Court Judge, refused to lift the automatic suspension and ordered an expedited trial, with directions already made for trial to begin on 7 December 2026.

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Arkansas

Wesley v. State of Arkansas — Capital-murder conviction affirmed despite Confrontation Clause error

Arkansas Supreme Court · Shawn A. Womack, Associate Justice (elected 2016) · 2026-10-29criminal

Background: A Crawford County jury convicted Cooper Wesley of capital murder for the 2023 killings of his neighbor, Donald Lewis, and his uncle, Terry Brasuell, and imposed two life-without-parole sentences. Wesley, who used drugs, mistakenly believed the two men had killed his parents and sister, who were unreachable while camping. He armed himself, shot Lewis at…

Held: The Arkansas Supreme Court held that Wesley preserved his Confrontation Clause challenge. Although the circuit court had previously made only hearsay rulings, it generally denied Wesley’s renewed motion at the close of all evidence, which encompassed his constitutional objection.

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Full analyses at Case Law Wire. Summaries are AI-generated and are not legal advice.