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
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
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
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
This article explores the relationship between The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Missouri common law action for breach of patient confidentiality. A person in Missouri allegedly…more
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
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
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
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
This article addresses the value of hiring a solo or small firm lawyer to handle your appeal. It is written from the perspective of a sole practitioner who concentrates, among other things, in appellate advocacy…more
Trainer Wortham & Company, Inc. v....
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
Blue Pool Farms, LLC v. Basler
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
Dep't of Soc. Servs, Div. of Med....
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
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
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