Mark E. Schmidtke: Lawyer with Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Mark E. Schmidtke

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Practice Areas

  • Disability Insurance
University Valparaiso University, B.A., 1978
Law SchoolValparaiso University, J.D., 1981
Admitted1981, Indiana and U.S. District Court, Southern District of Indiana; 1982, U.S. District Court, Northern District of Indiana; 1983, U.S. Court of Appeals, Seventh Circuit; 1991, U.S. Court of Appeals, Eighth Circuit and U.S. Supreme Court; 1993, U.S. District Court, Central and Southern Districts of Illinois; 1995, U.S. Court of Appeals, Tenth Circuit; 1996, U.S. Court of Appeals, Second and Eleventh Circuits; 1997, U.S. Court of Appeals, Fourth, Fifth and Sixth Circuits; 1998, U.S. District Court, Eastern District of Michigan and U.S. District Court, District of Colorado; 1999, U.S. District Court, Eastern District of Wisconsin; 2000, U.S. Court of Appeals, Ninth Circuit; 2001, U.S. Court of Appeals, Third Circuit; 2003, U.S. District Court, Northern District of Illinois; 2009, U.S. District Court, Western District of Michigan; 2010, U.S. District Court, Western District of Wisconsin. (Not admitted in Illinois)
Memberships Indiana State and American (Member, Employee Benefits Committee, Labor and Employment Law Section and Employee Benefits Committee, Tort and Insurance Practice Section) Bar Associations; DRI (Life, Health and Disability Committee); DRI National Board of Directors (2010-2013).
Special AgenciesMember, ERISA Advisory Council, U.S. Department of Labor (2014-2017).

Phi Alpha Theta; Omicron Delta Epsilon. Associate Editor, Valparaiso University Law Review, 1980-1981. Law Clerk to: Hon. George B. Hoffman, Jr., Indiana Court of Appeals, 1981; Hon. James T. Moody, U.S. District Court, Northern District of Indiana, 1982-1983. Author: "Carving Out a Special Warrant Requirement: Arkansas v. Sanders," 14 Valparaiso University Law Review 157, 1979. Co-Author: ERISA Case Digest, John Wiley & Sons, 1992; ERISA Litigation Form Book, John Wiley & Sons, 1992; ERISA Litigation Primer, Defense Research Institute, 1992-2013. Contributing Author: Employee Benefits Law, BNA, 1992-1998. (Also at Indianapolis, Indiana Office)


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Revisiting Rochow: The Sixth Circuit Rejects Earlier $3.8 Million Equitable Award in Recent En Banc Decision
Violet H. Borowski,Mark E. Schmidtke, March 24, 2015
Just over a year ago, a panel decision by the Sixth Circuit Court of Appeals in Rochow v. Life Insurance Company of North America, 737 F.3d 415 made big news when the court upheld the district court’s award of $3.8 million in equitable relief on a theory of unjust enrichment and held that an...

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Mark E. Schmidtke

155 N. Wacker Drive, Suite 4300
ChicagoIL 60606


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