Class Action Appeals - June 2006 - Appellate Practice
| Publication year | 2006 |
| Pages | 85 |
| Citation | Vol. 35 No. 6 Pg. 85 |
2006, June, Pg. 85. Class Action Appeals - June 2006 - Appellate Practice
June 2006
Vol. 35, No. 6 [Page 85]
Appellate Practice
Class Action Appeals
by Andrew M. Low
I had always enjoyed softball games on warm summer evenings, but it had been decades since the last time I played. When an e-mail announced that our firm was going to field a co-ed team in the law firm league, I decided to give it a try.
The first game was a comedy of errors, and we were blown out. We managed to eke out a win in the second game, though, and even looked half-competent at times. The third game on the schedule was against a team I didn't recognize. As best I could tell from the schedule, the team was formed by a group of firms that were too small to field full teams themselves.
On game day, our team arrived at the diamond in front of the old Tivoli Brewery in Denver and began to stretch and play catch. Our opponents showed up a few minutes later and quickly broke up into small groups to warm up. The team's manager directed the practice efficiently, moving groups from one exercise to another so everyone threw, hit, fielded grounders and fly balls, and practiced timing on double plays. They looked ominously proficient, quite unlike our ragtag bunch of amateurs.
When it was time to play ball, the two managers met at home plate and shook hands. To my surprise, the opposing manager was Tim Flegleman. I wondered why such a professional-looking team would have a manager who had failed at every sport I had ever seen him attempt. As I checked out our opponents, I noticed that one of the players was Susan Victor. No surprise there; unlike Flegleman, Victor was a natural athlete and kept herself in top shape.
I walked over and said hello to Flegleman.
"I didn't know you were a ballplayer," I said.
I expected Flegleman to reply with one of his patented boasts, but he surprised me again.
"Oh, I just organized this team so the lawyers at my firm and three other small firms could play," he said modestly. "We're one player short tonight, so I'm going to fill in and play right field."
That made sense, I thought. Right field was where the weakest fielder usually played.
Flegleman's team was up first. I trotted out to left field, from where I usually watched most of the action and sometimes fielded a fly ball. Their leadoff batter grounded to short, and we made an easy play at first. A promising beginning, I thought. Susan Victor was up next. She took the first two pitches, but swatted the third cleanly over second base for a single. The next batter singled, as well, leaving two on with one out.
Again to my surprise, Flegleman batted next, in the...
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