5th Circuit Grants Removal Under CAFA For Suit Filed Prior To Requisite "Commencment" Date

In Braud v. Trans Serv. Co. the United States Court of Appeals for the fifth circuit held that removal to federal court under CAFA was appropriate for a suit originally filed before the requisite commencment date (2/18/05), when the effect of adding a defendant after that date made "it a substantially new suit so as to restart the removal window." 2006 U.S.App. Lexis 8496.  Plaintiffs originally filed their class action suit in Louisiana state court on 8/30/04.  After amending their complaint on 4/8/05 to add another defendant, that defendant filed for removal to federal court under CAFA, which gives the federal courts jurisdiction of qualifying class actions "commenced" after 2/18/05.  This court overruled the district court's holding that removal was inappropriate, reasoning that the addition of the second defendant did not relate back to the original complaint, but effectively made it a substantially new suit.  This court further held that the later dismissal of the second defendant from the complaint did not "oust" the federal court of subject matter jurisdiciton. - J.J.