Linda Morkan maintains a litigation practice dedicated to appellate advocacy. Since joining Robinson & Cole, Ms. Morkan has been involved in more than 135 appeals before the Connecticut Supreme and Appellate Courts, the Rhode Island Supreme Court, the Appeals Court of Massachusetts, the New York Court of Appeals, the U.S. Court of Appeals for the Second Circuit, and the U.S. Supreme Court.
Ms. Morkan was listed as one of the Top Fifty Connecticut Super Lawyers® in the areas of Appellate and General Litigation Law in the February 2008 edition of Connecticut Magazine, one of only four women included on the list. She has been one of the Top Twenty-Five Connecticut Women Super Lawyers® since 2006 and was named one of the Top Fifty Women in New England Super Lawyers® in October 2007 (Super Lawyers is a registered trademark of Key Professional Media, Inc.). She has been listed in The Best Lawyers in America® in the area of Appellate Law since 2008 (Copyright 2011 by Woodward/White, Inc., Aiken, SC).
In 2008, Ms. Morkan was elected a member of the American Academy of Appellate Lawyers. Academy membership is open only to those who have practiced as an appellate advocate for at least 15 years and possess a reputation of recognized distinction. Academy membership is limited to 500 members in the United States and is by invitation only.
Ms. Morkan is a past recipient of the David H. Neiditz Professional Writing Award for the best-written appellate brief in a Connecticut case. In addition, Ms. Morkan was an adjunct professor at the University of Connecticut School of Law for more than a decade, teaching appellate advocacy skills to first-year law students, and is a three-time faculty member of the Connecticut Bar Association's Appellate Practice Institute, which offers an intensive, multiday, hands-on appellate training experience.
Ms. Morkan currently serves as the senior topical editor in appellate law of the quarterly Connecticut Bar Journal, a volunteer, scholarly publication of the Connecticut Bar Association, and frequently authors articles dedicated to appellate advocacy in local, regional, and national publications. Ms. Morkan is a graduate of the National Institute for Trial Advocacy (NITA) and the Appellate Practice Institute.
Ms. Morkan received her J.D., with honors, from the University of Connecticut School of Law, where she was executive editor of the Connecticut Law Review. Following her graduation, Ms. Morkan served as law clerk to the Honorable Daniel F. Spallone of the Connecticut Appellate Court.
Professional Associations
- Connecticut Bar Journal, 2007 to present, Senior Topical Editor, Appellate Law
- Connecticut Bar Journal, 2000 to 2007, Editor in Chief
- Connecticut Bar Association (CBA), 1988 to present
- CBA, Appellate Practice Committee, Litigation Section
- Council of Appellate Lawyers, ABA Judicial Division, 2001 to present
- Defense Research Institute, Appellate Advocacy Committee, 1997 to present
- American Bar Association (ABA), Torts and Insurance Practice Section, 1988 to present, 2d Circuit Editor, Appellate Advocacy Committee
- Connecticut Bar Foundation, James W. Cooper Fellow
- American Academy of Appellate Lawyers, Elected Member in 2008
Community Involvement
- University of Connecticut School of Law, 1993 to 2004, Adjunct Professor
Honors and Awards
- Listed in The Best Lawyers in America® as Hartford Lawyer of the Year in the area of Appellate Practice for 2012 (Copyright 2011 by Woodward/White, Inc., Aiken, SC)
- Listed in The Best Lawyers in America® in the area of Appellate Law since 2008 (Copyright 2011 by Woodward/White, Inc., Aiken, SC)
- Listed in Connecticut Super Lawyers® in the area of Appellate Law since 2006 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)
- Listed as a Litigation Star in Connecticut in Benchmark Litigation, 2011, 2012
- Listed as one of the Top 25 Women Lawyers in Connecticut by Connecticut Super Lawyers® 2011 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)
- Listed as one of the Top 50 Lawyers in Connecticut by Connecticut Super Lawyers® 2011 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)
- AV® Preeminent™ Peer Review Rated in Martindale-Hubbell™ in the area of Appellate Practice (Martindale-Hubbell Peer Review Ratings is a trademark. AV Preeminent is a certification mark of Reed Elsevier Properties, Inc.)
- Recognized by Connecticut Law Tribune, 2010, in Women in the Law: High Achievers yearbook
- David H. Neiditz Professional Writing Award for best written appellate brief in a Connecticut case
Experience
- Walker v. Waterbury
2007 U.S. App. LEXIS (2d Cir. 2007)
Court affirmed dismissal of complaint against client oversight board on the ground that the board enjoyed sovereign immunity as an arm of the state of Connecticut.
- AvalonBay Communities, Inc. v. Zoning Comm'n
284 Conn. 124 (2007)
Appeal from trial court's order that commission was required to specify all changes necessary to make application address its substantial health and safety concerns dismissed and action remanded.
- Historic District Comm'n v. Hall
282 Conn. 672 (2007)
Trial court's decision that commission possessed jurisdiction over multimillion-dollar, six-ton sculpture placed on property located in historic district affirmed.
- West Farms Mall v. West Hartford
279 Conn. 1 (2006)
Trial court properly dismissed mall's declaratory judgment action concerning town's acts regarding large-scale development project.
- City of Bridgeport v. Plan & Zoning Comm'n
277 Conn. 268 (2006)
In action by one municipality against a neighboring municipality following downzoning of property used as a golf course, obtained reversal of trial court's holding that zone change complied with state law.
- Sheridan v. Town of Killingly
278 Conn. 252 (2006)
Obtained reversal of trial court's holding that client municipality could not consider the value of a leasehold interest in the property when it determined valuation for tax assessment purposes.
- Campion v. Bd. of Aldermen
278 Conn. 500 (2006)
On behalf of City of New Haven, obtained reversal of Appellate Court decision that it did not have authority to enact zoning regulations which permitted creation of a "planned development district" similar to a floating zone.
- AFSCME Local 818 v. City of Waterbury
2006 U.S. App. LEXIS 21873 (2006)
Second Circuit affirmed District Court dismissal of plaintiff labor group's complaint for failure to properly allege existence of a contract or property right taken or diminished by defendants, including client oversight board.
- Industrial Risk Insurers v. Hartford Steam Boiler Inspection & Inspection Co.
273 Conn. 86 (2005) Represented insurer in case where trial court's refusal to grant reinsurer's application to vacate arbitration award upheld on ground that courts cannot review evidence or otherwise second-guess arbitrators' factual determinations.
- Local 1339, International Association of Firefighters v. City of Waterbury
274 Conn. 374 (2005)
Obtained reversal of trial court's holding that arbitration award was defective because not rendered by client oversight board within statutorily prescribed timeframe.
- School Administrators of Waterbury v. Waterbury Financial Planning & Assistance Bd.
276 Conn. 355 (2005)
Trial court's dismissal of employee organization's action to enjoin implementation of client oversight board's arbitration award upheld.
- ATC Partnership v. Town of Windham
268 Conn. 463 (2004)
Obtained reversal of Appellate Court holding that property seized by client municipality constituted "goods" subject to replevin.
- Successfully represented a group of national and international insurance companies in appeal proceedings that stemmed from the issuance of a multi-million dollar arbitration award that arose out of an insurance loss that occurred at a coal-fired electrical generating facility in Arkansas in 1993. The appellate process was conducted in two different phases and was litigated in both the Connecticut Appellate and Supreme Courts, and at the U.S. Supreme Court. Ultimately, the Connecticut Appellate Court affirmed the trial court's granting of a motion to confirm the arbitration award in our clients' favor. Furthermore, the Appellate Court affirmed the awarding of pre and post-judgment interest, which resulted in the payment of a judgment of over $6.5 million dollars. Hartford Steam Boiler v. Underwriter's at Lloyds, 121 Conn. App. 31 (2010), cert. denied, 297 Conn. 918 (2010).
- Stauton v. Planning & Zoning Comm'n
271 Conn. 152 (2004)
Property owners' appeal dismissed for lack of agrievement, permitting planned adult community to proceed as special exception.
- Connecticut Coalition Against Millstone v. Rocque
267 Conn. 116 (2003)
Secured dismissal of appeal by citizens' group attempting to prevent transfer of nuclear power facility.
- Poole v. City of Waterbury
266 Conn. 68 (2003)
Obtained reversal of trial court's holding that client oversight board could not impose certain terms under collective bargaining agreement because retired firefighters and widows had a vested right to medical benefits.
- QSP Inc. v. Aetna Casualty & Surety Co.
256 Conn. 343 (2001)
Represented CGL insurer in coverage dispute arising from filing of federal antitrust action.
- Industrial Risk Insurers v. Hartford Steam Boiler
258 Conn. 101 (2001)
Represented all-risk insurer in $103 million coverage dispute with reinsurer over boiler and machinery loss involving a three-phase arbitration, seven superior court actions, and four appeals.
- Ward v. Greene
267 Conn. 539 (2003)
Trial court's entry of summary judgment on behalf of client nonprofit agency on ground that plaintiff's wrongful death action failed to allege viable theory of legal fault that was proximate cause of injuries.
- Pestey v. Cushman
259 Conn. 345 (2002)
Judgment for neighbors in private nuisance action against dairy farm based on offensive odors upheld; new statement of law of private nuisance articulated.
- Abington Ltd. Partnership v. Heublein, et al.
257 Conn. 570 (2001)
Represented telecommunications concern in challenge to its ability to access leased land over easement in order to maintain equipment.
- Community Action v. American Alliance
254 Conn. 387 (2000)
Represented insurer in coverage dispute arising from claims of molestation against day care provider.
- Wichers v. Hatch
252 Conn. 174 (2000)
Challenged trial court's ability to set aside jury verdict where no damages awarded for noneconomic injuries.
- SKW Real Estate Ltd. Partnership v. Mitsubishi Motors Co. of America
56 Conn. App. 1 (1999)
Reversed trial court's holding that doctrine of judicial estoppel barred plaintiff from pursuing claim.
- Hartford Electric Supply Co. v. Allen Bradley Co.
250 Conn. 334 (1999)
Defended trial court's decision that franchise existed in first appeal under Connecticut Franchise Act.
- Connecticut Nat'l Bank v. Germain
503 U.S. 249 (1992)
Obtained reversal of Second Circuit holding that it did not have jurisdiction over District Court's interlocutory order appealed by lender in a bankruptcy matter.
- Counseled large utility client on appellate issues in connection with acquisition of a nuclear power plant.
- Defended insurer against reinsurer's unsuccessful application to vacate arbitration award on factual grounds.
- Obtained dismissal of all claims against the State of Connecticut in a constitutional takings class action brought by state employees claiming entitlement to the proceeds of the demutualization of the state's health care insurance carriers.
- Appealed before Connecticut Supreme Court an issue of first-impression regarding reasonableness of utilization review criteria used to make medical necessity decisions for Medicaid recipients in the early prevention, screening, diagnosis and treatment (EPSDT) program.
- Representation of Health Net against a medical doctor who has filed dozens of cases against Health Net over the past decade. Won summary judgment on breach of contract and unjust enrichment claims asserted by the non-participating provider on the grounds that he failed to comply with requirements for timely submission of claims. Preserved victory on appeal by persuading appellate court to affirm.
Energy
- Counsel to competitive suppliers of electricity in various matters before the Connecticut Department of Public Utility Control.
State Tax Representation
- Represented corporate partners in litigation relating to passthrough of corporate tax credits.
Publications & Presentations
Articles
- "Vacating Arbitration Decision Not an Appealing Task" (6/20/2011), published in Connecticut Law Tribune
- "Visual Rhetoric in the Appellate Brief" (7/2007), published in DRI For The Defense
- "Clarity Is an Absolute for Effective Advocacy" (2006), published in DRI For The Defense
- "Take the Time to Think!" (2005), published in DRI For The Defense
- "Beware of Euphemisms" (1/2004), published in DRI For The Defense
- "First, Let's Sue All the Lawyers" (6/3/2002), published in Connecticut Law Tribune
- "Hey, Judge Let Me Tell You Why I'm Right..." (4/1/2002), published in Connecticut Law Tribune
- "Prepping for Showtime" (2/18/2002), published in Connecticut Law Tribune
- "Sweet Success" (1/14/2002), published in Connecticut Law Tribune
- "It's Hip to Help Jurists Stumble Your Way" (12/17/2001), published in Connecticut Law Tribune
- "Hooked on Conference of Appellate Geeks" (11/12/2001), published in Connecticut Law Tribune
- "Back to (Dirty) Work After Dirty Deed" (10/8/2001), published in Connecticut Law Tribune
- "Rhetorically Speaking, the Issue Is Footnotes" (9/10/2001), published in Connecticut Law Tribune
- "In Time (Sigh), Court May See the Light" (8/13/2001), published in Connecticut Law Tribune
- "Understanding Appellate Work Is Kid Stuff" (7/16/2001), published in Connecticut Law Tribune
- "Changes to the Appellate Rules of Procedure" (1/1997), published in Connecticut Lawyer
- "Connecticut Refuses to Extend Liability for Actions of a Third Person" (summer 1991), published in ABA/TIPS Newsletter
- "Avoiding Rule 11 Sanctions in Subrogation Actions," coauthored with John E. Tener (1990), published in Practical Litigator
Books
- Superseding and Staying Judgements: A National Compendium (2007), published by American Bar Association, contributing chapter author
Notes
- "Imposition of Punitive Damages for a Tortious Breach of Contract" (1987), published in Connecticut Law Review
Presentations
- "Ten Tips for More Persuasive Writing and an Introduction to the New Requirements for Electronic Brief Submission," copresented with Hon. Douglas S. Lavine, Connecticut Appellate Court, Professor Susan R. Dailey, and Steven D. Ecker (6/8/09) at Connecticut Bar Association annual meeting
- Superseding and Staying Judgements: A National Compendium, contributing chapter author (2007), published by the American Bar Association
- "Second Circuit Primer" (5/2000) presented at Stamford Bar Association
- "Amendments to the Federal Rules of Appellate Procedure" (9/1998) presented at Connecticut Bar Association (CBA)
- "Preserving the Issues for Appeal" (9/1995) presented at CBA
- "Connecticut Appellate Practice" (11/1994) presented at Lorman Education Service
- "Annual Appellate Writing Seminar" (10/1994) presented at University of Connecticut Institute of Writing and University of Connecticut School of Law
- "Effective Motion Practice in Connecticut" (1992, 1993, and 1994) presented at Lorman Education Service
News
12.16.11, Benchmark Litigation 2012 Recognizes Six Robinson & Cole Attorneys
10.19.11, Class Dismissed! Appellate Team Wins Summary Judgment for Health Insurer
10.14.11, Five Robinson & Cole Attorneys Selected as "Lawyers of the Year" in Hartford
8.09.11, Linda Morkan's Essays Published in American Bar Association Book
7.05.11, Linda Morkan Writes Article for Connecticut Law Tribune's Special Section on Alternative Dispute Resolution
3.03.11, Robinson & Cole Amicus Brief Analyzes Controversial Loss of Consortium Claim
10.28.10, Benchmark Litigation 2010 Recognizes Four Robinson & Cole Attorneys
9.10.10, Women in the Law and in the News
8.19.10, Linda L. Morkan Examines Supreme Court's Decision in Stolt-Nielsen
2.17.10, Robinson & Cole Attorney Authors Article for For The Defense Publication
8.22.08, Robinson & Cole Appellate Chair Authors Article for DRI Publication