Daniel R. Schramm, L.L.C.

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14915 Greenberry Hill Court
Chesterfield, MO 63017, United States
Phone: (314) 560-3326
Fax: 636-532-6002
Areas Of Practice
  • Appellate Practice
  • Business Organizations
  • Wills, Trusts, & Estate Planning
Locations
Other U.S. Locations
  • Missouri
Other Countries
  • United States
Number of Attorneys
Sole Practitioner

The Grand Upheaval in Federal Administrative Law

Just over two years ago, I wrote an article about what I feared would be a "grand upheaval in federal administrative law." In the two years that have ensued, the conservative supermajority of the U.S. Supreme Court has worked…more
 /  Administrative Law

Comparing the Rhetorical Hyperbole Used by Donald Trump in the Stormy Daniels and E. Jean Carroll Lawsuits

This is an update to an article I wrote back in 2018 when a defamation suit brought by Stormy Daniels against Donald Trump was dismissed. Judge S. James Otero dismissed the Daniels suit on the basis of a defense for "rhetorical…more
 /  Civil Remedies, Constitutional Law

The Rising Tide of Criticism Directed at the Points Relied On Rule: A Compelling Dissenting Opinion

Last fall, I wrote an article published in Missouri Lawyers Weekly called "Judicial Word Games and Hypertechnicalities." I suggested in the article that it was time for the Missouri Supreme Court to reconsider the rule on what…more
 /  Civil Procedure

Artificial Intelligence Is Taking Over the Art of Brief Writing

I wrote this article about artificial intelligence taking over the art of brief writing. This is an updated version of a similar article that I published several years ago. The development of ChatGPT-4 now makes this the new…more
 /  Law Practice Products & Services

Another Headwind for an Appellant Making a Factual Challenge

This article confronts what I consider to be a questionable procedural tactic used by Missouri appellate courts to dispose of appeals from findings of fact. On occasion, the courts will summarily affirm the judgment if the…more
 /  Civil Procedure

Judicial Word Games and Hypertechnicalities

This article confronts what I consider to be a disturbing trend in how Missouri appellate courts are applying Supreme Court Rule 84.04(d). I approach any criticism of this entrenched rule with some caution. Still, as a retired…more
 /  Civil Procedure

Using Series LLCs for Real Estate

I prepared this article on the topic of Series LLCs for real estate in Missouri. This is a relatively new type of limited liability company that provides liability protection across multiple series "units" or "cells." The Series…more
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Missouri Appellate Practice - 2019 Update

I prepared this Missouri appellate practice update as part of a CLE program sponsored by the Solo and Small Firm Section of the Bar Association of Metropolitan St. Louis. I am presenting my part of the program along with Norah…more
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What is a Judgment?

The Missouri Supreme Court issued two decisions this year that confronted the often thorny question for appellate purposes: What is a Judgment? The cases are State ex rel. Henderson v. Asel, 566 S.W.3d 596 (Mo. banc 2019) and…more
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The Missouri Supreme Court Takes Steps to Protect LGBTQ Rights

In a pair of recent cases, a sharply divided Missouri Supreme Court took steps to protect the rights of gay employees and transgender students. The cases are Lampley v. Mo. Comm'n on Human Rights, 2019 Mo. LEXIS 52 (Mo. banc…more
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Succession Business Planning

Several years ago, I was asked to make a presentation to a group of small business owners on the subject of succession business planning. This is an updated version of the article I prepared for the presentation. The article is…more
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Asset Protection Techniques for Individuals and Small Businesses

This article provides a primer for a few basic asset protection techniques. The term "asset protection" often is thrown around as an important feature in any program for estate planning or business succession. This article is…more
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Negotiating Indemnification Provisions and Agreements

This article covers the topic of indemnification provisions and agreements. An indemnification provision is an important tool used in allocating risks under a contract. This article shows how indemnification provisions may be…more
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The Hughes Lesson: When You Use the Forms, Use Your Head.

This article discusses the recent Missouri appellate court decision in Hughes v. Hughes, 2016 Mo.App. LEXIS 1280 (Mo.App. E.D. Dec. 13, 2016). The Eastern District reversed a trial court ruling that the maintenance in the case…more
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The Ivie Trap: Mixed Questions of Fact and Law

The Missouri Supreme Court holds that an appellant no longer can combine a substantial-evidence challenge, a weight-of-the-evidence challenge, and a misapplication -of-law challenge in a single point. These three challenges…more
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