Mark Schmidtke

Mark Schmidtke

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Revisiting Rochow: The Sixth Circuit Rejects Earlier $3.8 Million Equitable Award in Recent En Banc Decision

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...more

3/12/2015 - Appeals Denial of Benefits Disgorgement En Banc Review Equitable Relief ERISA Insurance Litigation Unjust Enrichment

What Happens When The Limitations Provision in the Plan As Applied Creates An Impossible Accrual Date?

Approximately six months ago, the Supreme Court of the United States, in Heimeshoff v. Hartford Life & Accident Insurance Co., 134 S. Ct. 604 (2013), addressed whether an employee benefit plan covered by the Employee...more

7/1/2014 - Claims Limitations Period Disability Disability Insurance ERISA Heimeshoff v. Hartford Life & Accident Insurance Co. SCOTUS Tolling Provisions

Rochow v. LINA: Can it Really be True that ERISA Benefit Claimants Can Recover Millions of Dollars in Disgorged Profits?

The federal district court decision in Rochow v. Life Insurance Company of North America, No. 04-73628 (March 23, 2012) went unnoticed by most ERISA practitioners after it was issued in 2012, even though the court awarded...more

12/10/2013 - Disgorgement Employee Benefits ERISA

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