S.D. W.Va. Holds that "Commencement" under CAFA Is Time of Filing not Removal

A judge in the Southern District of West Virginia (Zuleski v. Hartford Acc. and Indem. Co.Slip Copy, 2005 WL 2739076 (S.C. W. Va. Oct. 24, 2005)) has joined the growing consensus among the federal courts holding that "commencement" under CAFA does not refer to the time of removal, but rather to the time the case is originally filed in state court. The court so held in the absence of any Fourth Circuit guidance on the matter, looking to the Seventh Circuit and others for persuasive authority.