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Raffi Melkonian Profile picture
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8 Jun, 4 tweets, 2 min read
It's #Appellatetwitter day! (part 1) It's been 5 years since we've all been here together. I can't believe it.

As ever, thanks to all of you who participate. You all enrich both my practice and my life.
And now I'll confess - I had the idea of hiring David Wallace from the Office to do a "cameo" happy birthday shoutout, but I didn't execute it, and now I'm sad.

So just imagine that instead.
For the split in authority about whether today or tomorrow is #AppellateTwitter day, please see this source.

Buckley's cameos are *excellent.* cameo.com/andybuckley

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More from @RMFifthCircuit

Raffi Melkonian Profile picture
9 Jun
Interesting Title VII case tonight from CA5 - this will need to be a slightly long thread. #AppellateTwitter.

ca5.uscourts.gov/opinions/pub/2…

1/
OK, so, broad strokes - to bring a Title VII claim for employment discrimination, you have to write down your beef and send it to the EEOC. It's a special form called the "Charge." You get a right to sue about anything on the Charge. 2/
If you don't do the Charge, your case gets dismissed. If your lawsuit includes something that's not on the Charge, dismissed. The Charge is very important.

Most folks don't have a lawyer when they do the Charge. /3
Read 8 tweets
Raffi Melkonian Profile picture
9 Jun
Great offer from a friendly Swedish judge!
Side note: the weakness of our profession is that it is incredibly US focused. I’ve tried to use my account to combat this. I think I’ve made some inroads with our UK friends. But lawyers are lawyers all over the world. I’d like to meet more.
I love the US. But the notion that we don’t have a lot to learn from all our friends overseas has always struck me as a little sad. There’s all these interesting people with askew ideas to learn stuff from! We all speak the same legal language!
Read 4 tweets
Raffi Melkonian Profile picture
8 Jun
This Friday afternoon I'm giving the Fifth Circuit update at the mighty Conference on State and Federal Appeals (so sad I can't see all my friends at the conference this year - hopefully this is the last one fully on zoom)

utcle.org/conferences/AP…
I'm often asked how to find out who the appellate lawyers in Texas are (by students or laterals). One way, it occurs to me, is to just make a list of all the speakers. That's underinclusive, but it'll capture a LOT of us.
Also, the timing gives you a fair summary of Texas appellate practice - Fed Appeals is Friday PM, with most of the conference given over to state appeals. That's ... how practice is here too.
Read 8 tweets
Raffi Melkonian Profile picture
8 Jun
I have an interest in what to do if a trial court just... doesn't rule. For whatever reason I've consulted on many of these situations. Just happenstance. We have a new mandamus petition on this issue arising out of Sd Miss. today. Here is counsel's dilemma - #AppellateTwitter Image
One question that always comes up is whether to bring up the judge's other delayed rulings (if you're in the position of complaining, surely it's because the judge is behind, not that they're ignoring *you*). Here is the answer these Petitioners chose. /2 Image
Another perennial question - how do you nod to the fact that you *really* don't want to be doing this? /3 Image
Read 8 tweets
Raffi Melkonian Profile picture
7 Jun
Guys, the problem with Trump's pants is that he is very fat. Ask me how I know.
This is as sympathetic as I get to that person. Tailors can only do so much.
All of his weird clothing stuff, even the tie, are because of this thing that he claims is not true but is definitely true.
Read 4 tweets
Raffi Melkonian Profile picture
4 Jun
Our appellate practice is about to go from a year of 1 or 2 trials by zoom to a *flood* of in-person trials. And I know talking to other peers this is the same for them. The Summer of Trials!
Fingers crossed that the disease really is on its last legs here and the vaccines hold up (I believe they will).
May all the errors be clear and the discretions abused!
Read 4 tweets

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