Mark E. Schmidtke
Partner

Practice Focus
Pension
Life
Health
Disability
Employee Benefits 		Valparaiso Office:
219.464.4961
Fax 219.465.0603
mschmidtke@hwelaw.com


Education
  • J.D., Valparaiso University (1981)
  • B.A., with high distinction, Valparaiso University (1978)

Admitted
  • Indiana Supreme Court
  • United States Supreme Court
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Fourth Circuit
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Sixth Circuit
  • United States Court of Appeals for the Seventh Circuit
  • United States Court of Appeals for the Eighth Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Tenth Circuit
  • United States Court of Appeals for the Eleventh Circuit
  • United States District Court for the Northern District of Indiana
  • United States District Court for the Southern District of Indiana
  • United States District Court for the Central District of Illinois
  • United States District Court for the Southern District of Illinois
  • United States District Court for the District of Colorado
  • United States District Court for the Eastern District of Michigan
  • United States District Court for the Eastern District of Wisconsin

Professional Activities
  • American Bar Association (ABA)
    • ABA Section of Labor, Employee Benefits Committee
    • ABA Tort and Insurance Practice Section, Employee Benefits Committee
    • Defense Research Institute, Life, Health & Disability Committee
      • Program Chair (2003)
      • Vice President (2002-2003)
      • Co-Author, “ERISA Update,” Life, Health & Disability News (1994-2003)
  • Indiana State Bar Association
  • Porter County, Indiana Bar Association

Federal Trial Courts in Which Mr. Schmidtke Has Been Lead Counsel and/or Co-Counsel in an Employee Benefits Matter
  • United States District Court for the Northern District of Alabama
  • United States District Court for the Middle District of Alabama
  • United States District Court for the District of Alaska
  • United States District Court for the Eastern District of Arkansas
  • United States District Court for the Central District of California
  • United States District Court for the Northern District of California
  • United States District Court for the Southern District of California
  • United States District Court for the District of Colorado
  • United States District Court for the District of Delaware
  • United States District Court for the Middle District of Florida
  • United States District Court for the Southern District of Florida
  • United States District Court for the District of Hawaii
  • United States District Court for the District of Idaho
  • United States District Court for the Northern District of Illinois
  • United States District Court for the Central District of Illinois
  • United States District Court for the Southern District of Illinois
  • United States District Court for the Northern District of Indiana
  • United States District Court for the Southern District of Indiana
  • United States District Court for the Northern District of Iowa
  • United States District Court for the District of Kansas
  • United States District Court for the Western District of Kentucky
  • United States District Court for the Eastern District of Louisiana
  • United States District Court for the Middle District of Louisiana
  • United States District Court for the Western District of Louisiana
  • United States District Court for the District of Maryland
  • United States District Court for the Eastern District of Michigan
  • United States District Court for the Western District of Michigan
  • United States District Court for the District of Minnesota
  • United States District Court for the Eastern District of Missouri
  • United States District Court for the Western District of Missouri
  • United States District Court for the District of Montana
  • United States District Court for the District of Nebraska
  • United States District Court for the District of Nevada
  • United States District Court for the District of New Hampshire
  • United States District Court for the District of New Jersey
  • United States District Court for the Northern District of New York
  • United States District Court for the Southern District of New York
  • United States District Court for the Western District of New York
  • United States District Court for the Eastern District of North Carolina
  • United States District Court for the Middle District of North Carolina
  • United States District Court for the Western District of North Carolina
  • United States District Court for the District of North Dakota
  • United States District Court for the Northern District of Ohio
  • United States District Court for the Southern District of Ohio
  • United States District Court for the Western District of Oklahoma
  • United States District Court for the District of Oregon
  • United States District Court for the Eastern District of Pennsylvania
  • United States District Court for the Middle District of Pennsylvania
  • United States District Court for the Western District of Pennsylvania
  • United States District Court for the District of South Carolina
  • United States District Court for the District of South Dakota
  • United States District Court for the Eastern District of Tennessee
  • United States District Court for the Western District of Tennessee
  • United States District Court for the District of Vermont
  • United States District Court for the Territory of the Virgin Islands
  • United States District Court for the Eastern District of Virginia
  • United States District Court for the Northern District of West Virginia
  • United States District Court for the Southern District of West Virginia
  • United States District Court for the District of Wyoming

Federal and State Appellate Courts in Which Mr. Schmidtke Has Been Lead Counsel, Co-Counsel, and/or Counsel for an Amicus Curiae in an Employee Benefits Matter
  • United States Supreme Court
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Fourth Circuit
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Sixth Circuit
  • United States Court of Appeals for the Seventh Circuit
  • United States Court of Appeals for the Eighth Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Tenth Circuit
  • United States Court of Appeals for the Eleventh Circuit
  • Alabama Supreme Court
  • California Supreme Court
  • Supreme Judicial Court of Massachusetts
  • Minnesota Supreme Court
  • California Court of Appeals
  • Indiana Court of Appeals
  • Minnesota Court of Appeals

Clerkships
  • Hon. James T. Moody, District Judge, United States District Court for the Northern District of Indiana, Hammond Division (1982-1983)


  • Hon. William C. Lee, District Judge, United States District Court for the Northern District of Indiana, Hammond Division (1981-1982)


  • Hon. George B. Hoffman, Jr., Presiding Judge, Third District, Indiana Court of Appeals (1981)

Publications
  • Co-Author, ERISA Case Digest (John Wiley & Sons, 1992-1995)

  • Co-Author, ERISA Litigation Formbook (John Wiley & Sons, 1992-1995)

  • Co-Author, ERISA Litigation Primer (Defense Research Institute, 1992, 1994, 1997, 2000, 2002, 2003)

  • Co-Author, ERISA Litigation Primer - 1997 and September, 1998 Supplement (Defense Research Institute, 1998)

  • Co-Author, “ERISA Update” (Quarterly Column), Life, Health & Disability News (Defense Research Institute, 1994-2003)

  • Contributing Author, Employee Benefits Law (Bureau of National Affairs, 1991-2000)

  • Contributing Author, Managed Care Liability (American Bar Association, 1996)

  • Author, “Is It Time to Consider Self-Funded Disability Plans?”, For the Defense (Defense Research Institute, January, 2007)

  • Author, “Preemption of Bad Faith Claims”, For the Defense (Defense Research Institute, February, 2003)

  • Author, “Preemption (Again) of Bad Faith Claims Under ERISA: Rush Prudential v. Moran”, Life, Health & Disability News (Defense Research Institute, Fall, 2002)

  • Author, “ERISA Regulation of Individual Disability Insurance Policies Covering Business Owners: Sipma v. Massachusetts Casualty Insurance Company”, Mealey’s Litigation Report: Disability Insurance (Mealey Publications, October, 2001)

  • Author, “The Resurrection of State Law Bad Faith Claims Following UNUM v. Ward”, Legal Affairs Bulletin (Blue Cross Blue Shield Association, October, 2001)

  • Author, “ERISA Regulation of Insurance Policies Covering Business Owners: Sipma v. Massachusetts Casualty Insurance Company”, Life, Health & Disability News (Defense Research Institute, Fall, 2001)

  • Author, “Department of Labor Rewrites Disability Claim Regulations: New Challenges for Disability Insurers”, Mealey’s Litigation Report: Disability Insurance (Mealey Publications, April, 2001)

  • Author, “New ERISA Procedural Regulations: Challenges for Claim Administrators of Health and Disability Plans”, Life, Health & Disability News (Defense Research Institute, Spring, 2001)

  • Author, “The New ERISA Battleground: Attorney Fee Awards”, Life, Health & Disability News (Defense Research Institute, Fall, 2000)

  • Co-Author, “Judicial Review Standards and the Trial of an ERISA Case”, For the Defense (Defense Research Institute, September, 1999)

  • Author, “UNUM v. Ward: Heir to Pilot Life or Precursor to Change in ERISA Preemption?”, Life, Health & Disability News (Defense Research Institute, Summer, 1999)

  • Co-Author, “The Evolution of Judicial Standards of Review Under ERISA”, Life, Health & Disability News (Defense Research Institute, Winter, 1999)

  • Author, “Engelhardt v. Paul Revere: Eleventh Circuit Clarification on Two Key ERISA Preemption Issues”,Life, Health & Disability News (Defense Research Institute, Summer, 1998)

  • Contributing Author and Speaker, “ERISA Preemption and Liability: What is ERISA and Does it Have an Impact on the Medical Malpractice Claim?”, Liability Issues in Managed Care (American Bar Association, Atlanta, Georgia, 1996)

  • Contributing Author, “Recent Developments in Managed Care”, Tort and Insurance Law Journal (American Bar Association, Tort and Insurance Practice Section, Winter, 1997)

    Author, “ERISA Litigation - Preemption, Exhaustion of Administrative Remedies, Benefit Claims Litigation, Section 510 Litigation”, ERISA Litigation - Tactics and Strategy (American Bar Association, 1992)

Presentations
  • Program Chair and Speaker, “Life, Health, Disability and ERISA Seminar” (Defense Research Institute, Chicago, Illinois, April, 2003)

  • Speaker, “ERISA Update”, Eastern Claims Conference (New York, New York, 2003)

  • Speaker, “ERISA”, Midwest Claims Conference (Chicago, Illinois, 2002)

  • Speaker, “New DOL Claim Regulations and How to Deal with Them: Tentacles of Broad Discovery Coming in Under ERISA?”, Life, Health, Disability, and ERISA Issues National Seminar (Defense Research Institute, Washington, D.C., 2002)

  • Speaker, “A Defendant’s Perspective on the Status of ERISA Preemption of State Law Bad Faith Claims”, Advance Forum on Litigating Disability Insurance Claims (American Conference Institute, San Diego, California, 2002)

  • Speaker, “The Resurrection of State Insurance Bad Faith Claims Following UNUM v. Ward”, Blue Cross Blue Shield Association National Teleconference Series (Washington, D.C., 2001)

  • Speaker, “The Ever Changing Face of ERISA”, Midwest Claims Conference (Chicago, Illinois, 2001)

  • Speaker, “ERISA - Law and Order”, Eastern Claims Conference (New York, New York, 2001)

  • Speaker, “ERISA: Friend or Foe?”, Litigating Disability Insurance Claims (American Conference Institute, Boston, Massachusetts, 2000)

  • Speaker, “ERISA - New Rules, New Legislation?”, Eastern Claims Conference (New York, New York, 2000)

  • Speaker, “The Magic of ERISA”, Strategies for Success in Litigating Disability Insurance Claims (American Conference Institute, San Diego, California, 2000)

  • Speaker, “Navigating the Claims Review Process and Review of the Proposed DOL Regulations”, Advanced ERISA Litigation (American Conference Institute, Chicago, Illinois, 1999)

  • Speaker, “ERISA”, International Claims Association Annual Conference (Boston, Massachusetts, 1999)

  • Speaker, “The Magic of ERISA”, Litigating Disability Insurance Claims (American Conference Institute, Boston, Massachusetts, 1999)

  • Speaker, “ERISA Basics”, Blue Cross Blue Shield Association Annual Lawyers’ Conference (San Antonio, Texas 1999)

  • Speaker, “Advanced ERISA Topics”, Blue Cross Blue Shield Association Annual Lawyers’ Conference (San Antonio, Texas, 1999)

  • Speaker, “ERISA: The Changing Frontier”, Eastern Claims Conference (New York, New York, 1999)

  • Speaker, “ERISA Case Law Update”, Life, Health & Disability/ERISA Litigation Seminar (Defense Research Institute, Chicago, Illinois, 1998)

  • Speaker, “Key ERISA Issues”, Blue Cross Blue Shield Association Annual Lawyers’ Conference (Boston, Massachusetts, 1998)

  • Speaker, “ERISA: Mapping the Minefield”, Eastern Claims Conference (New York, New York, 1998)

  • Speaker, “Impact of ERISA on Claims Handling and Litigation Defense”, Eastern Claims Conference (New York, New York, 1997)

  • Speaker, “ERISA Litigation”, Western Claims Conference (Palm Springs, California, 1996)

  • Speaker, “Impact of ERISA on Claims Handling and Litigation Defense”, Eastern Claims Conference (New York, New York, 1996)
Chase Building - 103 E Lincolnway - P.O. Box 2357 - Valparaiso, IN 46384-2357
219.464.4961 - Toll Free (IL, IN): 800.879.2246 - Fax: 219.465.0603

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