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Raffi Melkonian Profile picture
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30 Nov, 4 tweets, 1 min read
The whole case is important and SCOTUS may have something to say, but, man, is the Van Dyke dissent exhausting.

cdn.ca9.uscourts.gov/datastore/opin…
Why not, just a bunch of strange complaints about your colleagues in personal terms.
Res ipsa loquitur? Sigh.
A reminder that this is not the ideal

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More from @RMFifthCircuit

Raffi Melkonian Profile picture
1 Dec
There are way better people to follow this morning for Dobbs analysis (I.e., everyone). Just a little note for the non-lawyers about process, though.

In many arguments, the lawyers are trying to persuade the Supreme Court about the law in some way. Argument, right? 1/
But that’s not really what is going on this morning. There’s no argument even Elizabeth Prelogar can make that’s going to blow someone’s mind. They all know the arguments. So what’s the point? /2
Well, it’s the first time the Justices engage with each other on this case. So they’re really talking to each other through the lawyers. That’s true of every argument to some extent, but *really* true of this one. /3
Read 57 tweets
Raffi Melkonian Profile picture
30 Nov
I’m going to do a “live-read” of the SCOTUS transcript in today’s Cummings case. @adams_hurta and I wrote an amicus in this matter, and I’m interested. supremecourt.gov/DocketPDF/20/2…

1/
The question presented is, basically, can you recover emotional distress damages in some kinds of civil rights cases – for complicated reasons, some of these cases are analyzed by whether the remedy sought would have been available in contract law. /2
Justice Thomas comes out of the gate with that question - if we don’t think you could get emotional distress damages under traditional contract common law, do you have some other argument? /3 Image
Read 19 tweets
Raffi Melkonian Profile picture
29 Nov
I genuinely do not understand why someone would want to be the managing partner of a large law firm. I met one at a panel recently; was very nice to me and friendly and whatnot, but he doesn't touch law anymore. Boo.
"Hey I'm a great lawyer."

"Congrats, here's a multi-billion dollar business you can run and not do law at all."
More power to those who want to do that job. But you could not describe a worse "fancy" law job to me than "running" a global law firm.
Read 6 tweets
Raffi Melkonian Profile picture
6 Oct
OK. A thread on the case that has me hot this morning. Of course, qualified immunity. What happened? In broad strokes, Plaintiff's family alleges that he was surrounded by the police and beaten to death. There is a video. 1/
The district judge, unsurprisingly, denied qualified immunity at the motion to dismiss stage.

Remember, that you get an immediate interlocutory appeal from a denial of qualified immunity. So the officers appealed. On what basis? Well, there's the thing. 2/
They don't and can't really say there was no violation of law alleged, or that it wasn't clearly established. Instead - and I am not joking - their argument is that the Complaint's allegations are not specific enough about what each officer did, so the case should /3
Read 21 tweets
Raffi Melkonian Profile picture
6 Oct
From my oral argument listening this AM: “how long does it take for chicken grease to congeal?”
Heavens the Louisiana AG’s office is just mind bogglingly bad sometimes.
What are y’all doing? (I will tweet about this one later)
Read 4 tweets
Raffi Melkonian Profile picture
5 Oct
I've told this story, but I ordered two carbs (Waffles and pancakes, maybe?) at a breakfast for opposing counsel. "Why two carbs Raffi? Who eats two different carbs?"
It took like a few weeks for the boss to get over it. "Ok, fix that clause and let's get it out. But damnit two carbs? "
Yes, where I started organizing meetings was a fraught part of being a first year associate. Or maybe it was fraught just for me. But it caused me a *lot* of stress.
Read 6 tweets

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