Daniel R. Schramm, L.L.C.

Navigating the Minefield of Appeals in Missouri Civil Contempt Actions (Updated)

A party to a domestic relations dispute often will invoke the contempt power of the court to enforce the terms of a decree. This article explores the unique rules for appealing from a Missouri judgment with a civil contempt…more

What is the Effect of Trust Language Designed to Insulate the Trustee from Liability?

It is common practice for lawyers to try to insulate trustees from liability by giving them sole or absolute discretion, or by barring suits against the trustee on some issues. This article addresses what happens when a…more

HIPAA and Patient Privacy in Missouri (Updated)

This article explores the relationship between The Health Insurance Portability and Accountability Act ("HIPAA") and Missouri tort actions for breach of patient confidentiality. This article updates the case law covered by an…more

Judicial Review under Marbury is "Settled Law."

This article explores what I thought was the unremarkable proposition that the power of judicial review under Marbury v. Madison is "settled law." To my surprise, some lawyers consider this question open for debate…more

When to Seek a Writ of Prohibition

This article is designed to provide guidance to any Missouri practitioner who might be contemplating a petition for a writ of prohibition. Prohibition allows a party to seek review of a trial court decision in an exceptional…more
| Civil Procedure, Civil Remedies

Missouri Appellate Law - 2013 Update

I was asked recently to make a presentation on Missouri appellate practice as part of a CLE program. The program is sponsored by the Solo and Small Firm Section of the Bar Association of Metropolitan St. Louis. To prepare for…more
| Civil Procedure, Civil Remedies, Law Firm Marketing

Asset Protection - Protection from What?

I was asked to make a presentation on the topic of "asset protection" to a group of individuals concerned about their investments and estate planning needs. I prepared this article for the presentation. The term, "asset…more
| Business Organizations, Wills, Trusts, & Estate Planning

Drafting a Persuasive Motion for Summary Judgment

I am a solo practice lawyer who concentrates, among other things, in helping other lawyers to write trial and appellate briefs. This article is designed to provide general guidance to any Missouri lawyer contemplating a motion…more
| Civil Procedure

Succession Business Planning

I was asked to make a presentation to a group of small business owners on the subject of succession planning. I prepared this article for purposes of my presentation. The article is designed to help small business owners begin…more
| Business Organizations

Thoughts on Writing a Persuasive Appellate Brief

Here is an article outlining my thoughts on how to write a persuasive appellate brief. I prepared this article as part of a proposed CLE presentation on appellate advocacy. The CLE program is sponsored by the Solo and Small…more
| Civil Procedure, Law Firm Marketing

The Statute of Limitations for Securities Fraud

This article reviews the U.S. Supreme Court's decision in Merck & Co., Inc. v. Reynolds, 130 S.Ct. 1784, 176 L.Ed.2d 582 (2010). The Court in Merck construed the statute of limitations for securities fraud under Section 10(b)…more
| Securities Law
Trainer Wortham & Company, Inc. v. Betz

Respondent's Brief (Opposing Certiorari)

This is a brief I prepared to oppose certiorari in securities litigation before the U.S. Supreme Court. Petitioners sought review of a Ninth Circuit decision construing the statute of limitations in an action under Section…more
| Securities Law
Blue Pool Farms, LLC v. Basler

Appellant's Brief

This is a sample appellant's brief that I filed in the case of Blue Pool Farms, LLC v. Basler, 239 S.W.3d 687 (Mo. Ct. App. 2007). The court reversed the trial court's judgment denying a private road by necessity and remanded…more
| Real Estate - Commercial
Dep't of Soc. Servs, Div. of Med. Servs. v. Little Hills Healthcare, L.L.C.

Respondent's Brief

This is a sample respondent's brief that I co-authored with Joanna Owen in the case of Dep't of Soc. Servs., Div. of Med. Servs. v. Little Hills Healthcare, L.L.C., 236 S.W.3d 637 (Mo. 2007). The major issue was whether the…more
| Administrative Law
Ullrich v. CADCO, Inc.

Appellant's Brief

I am posting a sample appellant's brief from the case of Ullrich v. CADCO, Inc., 244 S.W.3d 772 (Mo. Ct. App. 2008). The Court of Appeals reversed the judgment entered in favor of the defendants under the Missouri Merchandising…more
| Consumer Protection

121 Chesterfield Business Parkway
Chesterfield, MO 63005, United States

Contact: Daniel Schramm

  • 636-532-2300
  • 636-532-6002

Areas of Practice
  • Appellate Practice
  • Business Organizations
  • Wills, Trusts, & Estate Planning
Number of Attorneys

Sole Practitioner

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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