BRAUD v. TRANSPORT SERVICE CO. OF ILLINOIS

No. 06-30088.

445 F.3d 801 (2006)

Pamela BRAUD; Ibrahim Autamari; Nicole Calvin; David Jackson; Djuanna Knapper; Derryl Dunn, Sr.; Troy Lambert, Individually and on Behalf of All Others Similarly Situated; Plaintiffs-Appellees, v. TRANSPORT SERVICE COMPANY OF ILLINOIS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 6, 2006.


Attorney(s) appearing for the Case

John Paul Massicot, Frank A. Silvestri (argued), Damien Savoie, Silvestri & Massicot, Gonzalez, LA, for Plaintiffs-Appellees.

J. Warren Gardner, Jr. (argued), Gregory Scott LaCour, Christovich & Kearney, New Orleans, LA, for Defendant-Appellant.

Before SMITH, GARZA and PRADO, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

This case presents an issue of first impression for this court: whether amending a complaint to add a defendant "commences" a new suit under the Class Action Fairness Act of 2005 ("CAFA"), Pub.L. 109-2, 119 Stat. 4. We answer in the affirmative and, for that reason, we reverse the district court's order of remand, and we remand to that court for further proceedings.

I.

On August 30, 2004, Pamela Braud and certain other...

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