Citing Zhang, Calif. Court Revives Fidelity Class Action

Law360, New York (December 18, 2013, 5:00 PM EST) -- Relying on the California Supreme Court's recent ruling in Zhang, a state appeals court decided Tuesday to give plaintiffs another shot at a certified class action accusing Fidelity National Home Warranty Co. of unfairly denying claims.

According to the ruling, a California trial court was mistaken when it tossed the entire class action and refused to allow the plaintiffs to amend their complaint, partly because of a mistaken pre-Zhang view of the law on unfair competition claims.

“Under Zhang, it is likely the proposed amendment could...
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