Mark T. Schmidt

Attorney Mark T. Schmidt's practice concentrates in the litigation of will, estate, and trust matters, the litigation of commercial and business disputes, the litigation of eminent domain matters, the prosecution and defense of tort claims.

He has defended and prosecuted matters including asbestos, negligence, nuisance, trespass, warranty, contract, chancery (including claims seeking temporary, preliminary and/or permanent injunctive relief), breach of fiduciary duty, food poisoning and adulterated products, product liability, consumer fraud, premises liability, trucking, insurance coverage, corporate dissolution, condemnation, civil rights and employment discrimination, tax indemnity, estate and probate, bankruptcy, and Superfund actions. Mr. Schmidt has participated in all aspects of pre-trial and trial work, and in the preparation of appeals. Matters handled include the representation of corporations and management companies.

Mr. Schmidt has also handled cases in U.S. District Courts in Chicago, Rockford, Hammond, and Indianapolis, and in U.S. Bankruptcy Courts in Chicago, Peoria/Rock Island, and Indianapolis. Handled state court actions throughout northern and central Illinois, including Boone, Bureau, Champaign, Cook, DuPage, Grundy, Henry, Iroquois, Johnson, Kane, Kankakee, Kendall, Lake, LaSalle, Madison, McHenry, Morgan, Ogle, Peoria, St. Clair, Stephenson, Tazewell, Warren, Will, and Winnebago Counties. He has handled claims brought before the Illinois Department of Human Rights, the Illinois Department of Labor, The Illinois Department of Insurance, and the Illinois Workers Compensation Appeals Board. Mr. Schmidt is Special Assistant Attorney General with the Office of the Attorney General/State of Illinois.

Practice History

Practice concentrated in the litigation of will, estate, trust, and probate matters, the litigation of commercial and business disputes, the litigation of eminent domain matters, and the prosecution and defense of tort claims. Matters defended and prosecuted include asbestos, negligence, nuisance, trespass, warranty, contract, chancery (including claims seeking temporary, preliminary and/or permanent injunctive relief), breach of fiduciary duty, food poisoning and adulterated products, product liability, consumer fraud, premises liability, trucking, insurance coverage, corporate dissolution, condemnation, civil rights and employment discrimination, tax indemnity, estate and probate, bankruptcy, and Superfund actions. Participated in all aspects of pre-trial and trial work, and in the preparation of appeals. Matters handled include the representation of corporations and management companies. Handled cases in U.S. District Courts in Chicago, Rockford, Hammond, and Indianapolis, and in U.S. Bankruptcy Courts in Chicago, Peoria/Rock Island, and Indianapolis. Handled state court actions pending throughout northern and central Illinois, including in Boone, Bureau, Champaign, Cook, DuPage, Grundy, Henry, Iroquois, Johnson, Kane, Kankakee, Kendall, Lake, LaSalle, Madison, McHenry, Morgan, Ogle, Peoria, St. Clair, Stephenson, Tazewell, Warren, Will, and Winnebago Counties. Handled claims brought before the Illinois Department of Human Rights, the Illinois Department of Labor, The Illinois Department of Insurance, and the Illinois Workers Compensation Appeals Board. Mr. Schmidt is Special Assistant Attorney General with the Office of the Attorney General/State of Illinois.

Education Background and Awards

• University of Illinois College of Law, Champaign, Illinois
  • Received J.D. in June 1980; recipient of the Rickert Award and the Waterman Prize for excellence in moot court; member of the Colleges National Moot Court Team and Moot Court Board.
• University of the Pacific, Stockton, California/University of Durham, Durham, England
  • Received B.A. in Communications Arts & Sciences, cum laude, in June 1976; third year of university spent at University of Durham, Durham, England.

Bar Admissions, Appointments, and Certifications

• Supreme Court of Illinois - admitted 1980
• United States District Court for the Northern District of Illinois - admitted 1980
• Federal Trial Bar - admitted 2006
• United States District Court for the Northern District of Indiana - admitted 1981
• Special Assistant Attorney General, State of Illinois - 1996 to the present
• Certified Arbitrator for the Eighteenth Judicial Circuit, DuPage County, Illinois - 1997 to the present

Bar Associations and Activities

• DuPage County Bar Association
• Chair - Media Relations Committee 2002-2003 and Host of DuPage Legal Action
• Vice Chair - Media Relations Committee 2005-2006
• Illinois State Bar Association

Appeals Written

• Fehlhaber v. Lucky Stores, Inc., 226 Ill.App.3d 1104, 645 N.E.2d 1076 (1st Dist. 1992)
• Richards v. Builders Square, Inc., #1-97-1263 (1st Dist. 1997) unpublished order (co-author)
• Van Hattem, et al. v. Kmart Corporation, et al., 308 Ill.App.3d 121, 719 N.E.2d 212 (1st Dist. 1999) (co-author)
• The Travelers Indemnity Company v. Markham Home Improvements Corp., #2-10-0217, (2nd Dist. 2010) unpublished order (co-author)
• Cambridge at Countryside Homeowner's Association v. City of Aurora, #2-10-0032 (2nd Dist. 2010) unpublished order (co-author)

Speeches, Presentations, Publications, and Scripts

• Business Operator's Liability for the Criminal Acts of Third Parties, presented to Safety and Security Representatives from The National Restaurant Association, Oak Brook, IL - Winter, 1986.
• Food Poisoning and Adulterated Products - Who Is Liable? Who May Recover?, delivered to the Claims Department, The Travelers Insurance Companies, Naperville, IL, and to the Claims Department, Fireman's Fund Insurance Companies, Chicago, IL - Summer, 1987.
• Demonstrative Evidence: Its Creation and Management, delivered to the Claims Department, The Travelers Insurance Companies, Naperville, IL - Spring, 1987.
• Subpoenas Requesting Insurance Company Records: What Must Be Produced?, presented to the Claims Department, Casualty Insurance, Chicago, IL - Summer, 1988.
• Environmental Liability Insurance, presented as part of IICLE/ATGFs Environmental Aspects of Real Estate Ownership and Transfer, Chicago, IL - September, 1989; and Champaign, IL - October, 1989.
• Environmental Liability Insurance in Real Estate Settings, delivered to the Real Property Committee of the Chicago Bar Association, Chicago, IL - November, 1989.
• Environmental Law in Illinois (contributing author), sponsored by The Canterbury Group, Rockville, MD, first presented at Canterbury Group Seminar, Chicago, IL - April, 1990.
• Environmental Liability Insurance, presented as part of IICLE/ATGFs Real Estate Ownership, Sales, and Transfers, Chicago, IL - May, 1990.
• Environmental Liability and Insurance, delivered to the 10th Annual Meeting of The American Agricultural Law Association, Minneapolis, MN - October, 1990.
• But We Didn't Do It!: Storekeeper and Land User Liability for the Criminal Acts of Third Parties, presented to the Loss Prevention Department, Eagle Food Centers, Inc., Milan, IL - July, 1991.
• Cases Involving Food Poisoning and Adulterated Products: A Suggested Approach, presented to the Claims Department, Continental Loss Adjusting Services, Rosemont, IL - October, 1991.
• Environmental Coverage for Environmental Ills - Is the Comprehensive General Liability Policy 'Comprehensive?, published in Knight, Hoppe, Fanning & Knights IN BRIEF, Des Plaines, IL - Summer, 1992.
• Claims Made for 'Medical Payments Coverage - Should They Be Paid? Should They Be Denied?, presented to Crawford & Company's Midwest Administrative Service Center, Schaumburg, IL - August, 1992.
• Answer or Attack: The Plaintiffs Complaint and a Defendants Response Options (prepared with Janella Barbrow), presented in two sessions to the Civil Division of the DuPage County States Attorneys Office, Wheaton, IL - May and August, 1993.
• The 1996 Supreme Court of Illinois Rule Changes: Gamesmanship Abolished or Enhanced? (prepared with Janella Barbrow), initially presented to the Civil Division of the DuPage County States Attorneys Office, Wheaton, IL - September, 1995.
• Now What? Analysis of a Claim, presented to Builders Square Management Personnel, Homewood, IL - October, 1996.
• Companies, Customers and Claims: Practical Solutions to Recurring Challenges,presented to Eagle Food Centers, Inc. Area Three Management Personnel, Normal, IL - July, 1998.
• Cases Involving Food Poisoning and Adulterated Products: Selected Materials and Comments, initially prepared for use by claims professionals at AIG Risk Management Services Naperville, Illinois Office - January, 1999.
• It Made Me Sick! Food Poisoning Fact and Fantasy, presented to the Property/Casualty Division and the Special Investigation Unit of AIG Claim Services and AIG Risk Management Services, Naperville, IL - March, 1999.
• But You Promised! Policies, Procedures and Practical Pitfalls (a script for a video presentation on the impact that violating company policies has on liability claims), prepared for the Public Liability, Pharmacy, and Human Resources Departments of Kmart Corporation, Birmingham, MI - October 14, 1999.
• "Before We Start, I Just Wanted to Discuss One or Two Things ... - One Firm's Thoughts on Motion In Limine Practice, prepared for the DuPage County State's Attorney's Office, Wheaton, IL - May 19, 2000.
• "Do You Play Cards ...? -- A Practitioner's Approach to the Initial Client Interview," presented for the New Lawyers Committee's New Lawyers Seminar entitled "Orientation for New Lawyers," December 13, 2000.
• "Preparing the Government Employee to Testify: Deposition Preparation Thoughts and Suggestions,"prepared for the DuPage County State's Attorney's Office, Wheaton, IL - September 27, 2001.
• "Illinois Law and Practice: Selected Materials and Salient Observations,"prepared for Supervalu and Kemper Supervalu Dedicated Unit, Minneapolis, MN - March 25, 2003.
• "Trial Procedure and Techniques," making up Section Six of the Illinois Institute for Continuing Legal Education's "Eminent Domain Practice in Illinois," presented in Springfield, IL - February 20, 2004 and in Chicago, IL - February 27, 2004.
• "The Plaintiff's Complaint and the Defendant's Response Options," a talk delivered to the DuPage County State's Attorney's Office, Wheaton, IL - February 17, 2005.
• "Well, I Own This Place, And You Can't Make Me," a presentation made to the managing agents at Foster/Premier, Inc.'s Romeoville, IL facility - July 28, 2009, and its Buffalo Grove, IL facility - January 20, 2010.
• "Premises Liability: Underlying Theories, Available Strategies," a presentation made to the Claims Department, Supervalu, Inc., Chanhassen, MN - October 6, 2010.
• "Spoliation And Chain Of Custody, When To Preserve, What To Preserve, How To Preserve It," a presentation made to Save-A-Lot, Earth City, MO - September 7, 2011.
• "Cambridge At Countryside Homeowners Association v. The City Of Aurora: Challenges Faced - - Lessons Learned," a presentation made to the managing agents at Foster/Premier, Inc.'s Romeoville Facility - August 31, 2012.
• "The Attorney - Client Privilege's Wall of Protection: How to Erect It, How to Maintain It, and How to Breach It," a MCLE presentation made to the Civil Practice Committee of the DuPage Bar Association, Wheaton, Illinois - April 4, 2013.
• "I Can’t Tell You” – Privilege, Confidentiality, and the Compulsion of Testimony From the Transactional Lawyer" an article published in the DuPage County Bar Association; “DCBA Brief,” Volume 29, (January 2017).
• "Privilege and the Transactional Lawyer: An Examination of the Common Interest Doctrine, the Crime-Fraud Exception and Their Impact on Transactional Practice," presented as part of the Wheaton Chamber of Commerce is Covid-19 update – May, 2021.
• "YOUR INSURANCE WILL COVER EVERYTHING" Public Adjuster Practice in Illinois in Light of Power Dry of Chicago, Inc. v. Maurice A. Bean, et al., presented to the Illinois Association of Mutual Insurance Companies’ 2023 Claims Seminar, Bloomington, Illinois – February, 2023.