Raffi Melkonian

Practice Areas

Raffi is a key appellate partner at Wright Close & Barger. He has broad experience in both trial and appellate matters nationwide. He has briefed and argued dozens of appeals in federal and state courts of appeals around the United States. Raffi also maintains an active practice in the United States Supreme Court, including both merits and amicus briefs. In 2019, Raffi briefed and argued Fort Bend v. Davis, where his client prevailed in a 9-0 decision written by Justice Ruth Bader Ginsburg. The Firm later successfully represented Ms. Davis in her jury trial on remand.

An elected member of the prestigious American Law Institute, Raffi is widely experienced.  To take only a few examples, he has handled appeals in securities fraud litigation, corporate governance litigation, employment litigation, antitrust class actions, products liability class actions, insurance coverage disputes, partnership disputes, and intellectual property litigation. Raffi regularly litigates the most difficult and complex appellate cases. Raffi is also frequently hired to provide strategic advice for litigators facing appeals in the Fifth Circuit and Texas Supreme Court.

Raffi tweets about appellate practice at @RMFifthcircuit. As Social Media Chair and council member of the State Bar of Texas’s Appellate Practice Section, he has helped administer the Section’s twitter account @TexAppOrg.  Raffi has also served as the Chair of the Houston Bar Association’s Federal Bar Section, and regularly speaks and writes about appeals in forums across Texas and the United States.

Raffi’s understanding of business cases is greatly enhanced by clerking in the Delaware Court of Chancery and then practicing in the mergers and acquisitions section of Cravath, Swaine & Moore for four years. He then clerked for the Hon. Jennifer Elrod on the United States Court of Appeals for the Fifth Circuit.

Career

Partner, Wright Close & Barger, LLP, 2018 – present

Partner, Wright & Close, LLP, 2016 – 2017

Associate, Wright & Close, LLP, 2013 – 2016

Associate, Schlam, Stone & Dolan, LLP, 2011 – 2013

Associate, Cravath, Swaine & Moore LLP, 2006 – 2010

Professional Memberships

Armenian Bar Association

State Bar of Texas Appellate Section, Co-Chair of social media

Member, Garland R. Walker American Inn of Court

Former Chair Houston Bar Association Federal Practice Section

Personal

Clerkships

Law Clerk to the Hon. Jennifer W. Elrod, United States Court of Appeals for the Fifth Circuit, 2010 – 2011

Law Clerk to the Hon. Stephen P. Lamb, Delaware Court of Chancery, 2005 – 2006

Education

Expert in these Jurisdictions

Admissions:

New York State Bar

State Bar of Texas

United States District Courts for the Eastern and Southern Districts of New York

Work Highlights

Recent cases Raffi has handled:

Raffi has successfully handled a series of cases in the Fifth Circuit enforcing arbitration provisions in surplus lines insurance policies; including Cameron Par. Recreation #6 v. Indian Harbor Ins. Co., 92 F.4th 1152 (5th Cir. 2024); Bufkin Enters., L.L.C. v. Indian Harbor Ins. Co., 96 F. 4th 726 (5th Cir. 2024); and Indian Harbor Ins. Co. v. Belmont Commons, L.L.C., No. 23-30246, 2024 WL 962376 (5th Cir. Mar. 6, 2024)

Trebelhorn v. Prime Wimbledon SPE, LLC, 372 Or. 27, 544 P.3d 342 (2024) in which the Supreme Court of Oregon held that the punitive damages award imposed by the jury was excessive under the Due Process Clause.

Wal-Mart Stores, Inc. v. Xerox State & Local Sols., Inc., 663 S.W.3d 569 (Tex. 2023). The interplay of federal regulations and contract obligations was key to this case, in which a contractor suffered an outage of its electronic benefit transfer (EBT) system. The retailer allowed customers to continue to make purchases, but the contractor denied reimbursement of over 90,000 transactions. Raffi pursued relief from adverse decisions in the lower courts and the Texas Supreme Court reversed and held the contractor was not immune from liability.