Linda Morkan

Linda L. Morkan

Counsel

Linda L. Morkan

Counsel

  • Overview

    Biography

    Linda Morkan maintains a litigation practice dedicated to appellate advocacy and chairs the firm's Appellate Practice Group. Since joining the firm, Ms. Morkan has been involved in more than 175 appeals before the Connecticut Supreme and Appellate Courts; the Rhode Island Supreme Court; the Supreme Judicial and Appeals Courts of Massachusetts; the New York Court of Appeals; the U.S. Court of Appeals for the First, Second, Fifth, Sixth, and D.C. Circuits; and the U.S. Supreme Court.

    Ms. Morkan is a Fellow of the American Academy of Appellate Lawyers, an honor 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. She is a past recipient of the David H. Neiditz Professional Writing Award for the best-written Connecticut appellate brief and was a volunteer adjunct professor at the UCONN School of Law for more than a decade, teaching appellate advocacy skills to first-year law students.

    Ms. Morkan currently serves as Co-Chair of the Appellate Advocacy Section of the Connecticut Bar Association, and serves as the senior topical editor in appellate law of the quarterly Connecticut Bar Journal, a volunteer, scholarly publication of the Connecticut Bar Association. She also frequently authors articles dedicated to appellate advocacy in local, regional, and national publications.

    Following her graduation from law school, Ms. Morkan served as law clerk to the Honorable Daniel F. Spallone of the Connecticut Appellate Court.

  • Experience
    • Experience

      Experience

      • 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.
      • 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.
      • 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.
      • Stauton v. Planning & Zoning Comm'n
        271 Conn. 152 (2004)
        Property owners' appeal dismissed for lack of aggrievement, 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.
      • 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.
      • 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.
      • 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.
      • 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.
      • Other Experiences

      • 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.
      • 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.
      • 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.
      • Representation of a law firm to appeal a decision by the Connecticut Superior Court holding that a crime policy issued to a Connecticut law firm provided coverage for a loss suffered as a result of an e-mail scam. The law firm was defrauded of a six-figure sum after wiring funds to an Asian account before a bank check the law firm had received from a purported new client had cleared. After the wire transfer, the firm discovered there was no new client, and the check it had deposited in its trustee account was fraudulent. The firm sought compensation under the crime policy's computer fraud coverage, asserting it was defrauded because of several e-mail messages sent from and to the purported new client. The insurer argued that the computer fraud coverage extended only to incidents where an outsider gains access to an insured's computer system. The trial court held that the loss was covered by the policy as a matter of law. The trial court's decision vacated while the case was pending at the Connecticut Appellate Court, and the appeal was subsequently withdrawn.
      • 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.
      • Acted as environmental permitting counsel to a public ferry operation in securing state and federal permits for the expansion of a coastal ferry terminal.

      • Provided overall project legal management of the development of a new baseball park in the heart of its urban center. Legal services included real estate transactional, land use and environmental permitting, and environmental counseling services.
      • Served as special counsel under the direction of the New Jersey Attorney General's office to the New Jersey Meadowlands Commission (formerly known as the Hackensack Meadowlands Development Commission), an agency of the State of New Jersey which owns, or will acquire, an area in excess of 1,000 acres.

      • Represented taxpayer in Steelcase, Inc. v. Crystal re sales tax on drop shipments.
      • 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.
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    • Professional Associations

      Professional Associations

      Connecticut Bar Association
      Co-chair of Appellate Advocacy Section (2012 - present)

      Connecticut Bar Journal
      Senior Topical Editor, Appellate Law (2007 - present)
      Editor in Chief (2000 - 2007)

      Connecticut Bar Association (1988 - present)

      American Academy of Appellate Lawyers
      Elected Member in 2008

      American Bar Association
      Judicial Division, Council of Appellate Lawyers (2001 - present)

      Defense Research Institute
      Appellate Advocacy Committee (1997 - present)

      American Bar Association
      Tort Trial and Insurance Practice Section, 2nd Circuit Editor, Appellate Advocacy Committee (1988 - present)

      Connecticut Bar Foundation
      James W. Cooper Fellow
    • Honors + Awards

      Honors + Awards

      Listed in The Best Lawyers in America© as Hartford Lawyer of the Year in the area of Appellate Practice for 2012 and 2017

      Listed in The Best Lawyers in America© in the area of Appellate Law since 2008

      Listed as one of the Top 250 Women Litigators in the United States by Benchmark Litigation for 2012 and 2013

      Listed as a Litigation Star in Connecticut in Benchmark Litigation since 2011

      Listed as a Second Circuit Litigation Star in Connecticut in Benchmark Appellate, 2013

      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.)

      David H. Neiditz Professional Writing Award for best written appellate brief in a Connecticut case

      Recognized by Connecticut Law Tribune, 2010, in Women in the Law: High Achievers yearbook

      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 one of the Top 100 New England Super Lawyers in 2014 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)

      Listed as one of the Top 50 Connecticut Super Lawyers in 2014 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)

      Listed as one of the Top 50 Women New England Super Lawyers by Super Lawyers® in 2012 and 2014 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)

      Listed as one of the Top 25 Women Super Lawyers in Connecticut by Super Lawyers® in 2011, 2012, and 2014 (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, 2012 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)

    • Community Involvement

      Community Involvement

      University of Connecticut School of Law, 1993 to 2004, Adjunct Professor
  • NEWS + PRESS
    • Publications

      Publications

      "Vacating Arbitration Decision Not an Appealing Task," published in Connecticut Law Tribune (6/20/2011)

      "Visual Rhetoric in the Appellate Brief," published in DRI For The Defense (7/2007)

      Superseding and Staying Judgements: A National Compendium, contributing chapter author (2007)

      "Clarity Is an Absolute for Effective Advocacy," published in DRI For The Defense (2006)

      "Take the Time to Think!," published in DRI For The Defense (2005)

      "Beware of Euphemisms," published in DRI For The Defense (1/2004)

      "First, Let's Sue All the Lawyers," published in Connecticut Law Tribune (6/3/2002)

      "Hey, Judge Let Me Tell You Why I'm Right...," published in Connecticut Law Tribune (4/1/2002)

      "Prepping for Showtime," published in Connecticut Law Tribune (2/18/2002)

      "Sweet Success," published in Connecticut Law Tribune (1/14/2002)

      "It's Hip to Help Jurists Stumble Your Way," published in Connecticut Law Tribune (12/17/2001)

      "Hooked on Conference of Appellate Geeks," published in Connecticut Law Tribune (11/12/2001)

      "Back to (Dirty) Work After Dirty Deed," published in Connecticut Law Tribune (10/8/2001)

      "Rhetorically Speaking, the Issue Is Footnotes," published in Connecticut Law Tribune (9/10/2001)

      "In Time (Sigh), Court May See the Light," published in Connecticut Law Tribune (8/13/2001)

      "Understanding Appellate Work Is Kid Stuff," published in Connecticut Law Tribune (7/16/2001)

      "Changes to the Appellate Rules of Procedure," published in Connecticut Lawyer at (1/1997)

      "Connecticut Refuses to Extend Liability for Actions of a Third Person," published in ABA/TIPS Newsletter (summer 1991)

      "Avoiding Rule 11 Sanctions in Subrogation Actions,," published in Practical Litigator, co-authored with John E. Tener (1990)

      Co-wrote chapter on the Connecticut Supreme and Appellate Courts in The Appellate Practice Compendium (2012), published by the American Bar Association

    • Presentations

      Presentations

      "Ten Tips for More Persuasive Writing and an Introduction to the New Requirements for Electronic Brief Submission," at Connecticut Bar Association annual meeting, co-presented with Hon. Douglas S. Lavine, Connecticut Appellate Court, Professor Susan R. Dailey, and Steven D. Ecker (6/8/09)

      Superseding and Staying Judgements: A National Compendium, contributing chapter author (2007), published by the American Bar Association

      "Second Circuit Primer," at Stamford Bar Association (5/2000)

      "Amendments to the Federal Rules of Appellate Procedure," at Connecticut Bar Association (CBA) (9/1998)

      "Preserving the Issues for Appeal," at CBA (9/1995)

      "Connecticut Appellate Practice," at Lorman Education Service (11/1994)

      "Annual Appellate Writing Seminar," at University of Connecticut Institute of Writing and University of Connecticut School of Law (10/1994)

      "Effective Motion Practice in Connecticut," at Lorman Education Service (1992, 1993, and 1994)
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    • News

      R+C in the News

      • May 11, 2016

        Robinson+Cole Women Lawyers Listed in Best Lawyers Spring Business Edition

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      • April 23, 2015

        Robinson+Cole Successfully Defends Connecticut Municipality in Construction Contract Case

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      • October 29, 2014

        Two Robinson+Cole Lawyers Recognized on Super Lawyers Top Lists

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      • May 14, 2014

        Robinson+Cole's Appellate Group Wins Connecticut Law Tribune's Litigation Department of the Year Award

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      • January 2, 2014

        Robinson+Cole's Business Litigation Group Receives Top Ranking in Benchmark Litigation 2014

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      • August 16, 2013

        Linda Morkan Listed in Benchmark's Top 250 Women in Litigation

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      • February 12, 2013

        Robinson & Cole’s Appellate Group Receives Top Rankings in National Publication

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      • December 4, 2012

        Linda Morkan Wins Issue of First Impression at Connecticut Supreme Court

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      • September 27, 2012

        Appellate Attorneys Author Chapters in The Appellate Practice Compendium

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      • May 29, 2012

        Linda Morkan Featured Speaker At 2012 Appellate Advocacy Institute

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      • October 19, 2011

        Class Dismissed! Appellate Team Wins Summary Judgment for Health Insurer

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      • August 9, 2011

        Linda Morkan’s Essays Published in American Bar Association Book

      • July 5, 2011

        Linda Morkan Writes Article for Connecticut Law Tribune's Special Section on Alternative Dispute Resolution

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      • March 3, 2011

        Robinson & Cole Amicus Brief Analyzes Controversial Loss of Consortium Claim

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      • September 10, 2010

        Women in the Law and in the News

      • August 19, 2010

        Linda L. Morkan Examines Supreme Court’s Decision in Stolt-Nielsen

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      • February 17, 2010

        Robinson & Cole Attorney Authors Article for For The Defense Publication

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      • August 22, 2008

        Robinson & Cole Appellate Chair Authors Article for DRI Publication

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      R+C News Releases

      • October 17, 2017

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • September 29, 2017

        Robinson+Cole Recognized by Benchmark Litigation

      • August 15, 2017

        Fifty-Nine Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2018

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      • October 18, 2016

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • August 15, 2016

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2017

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      • December 9, 2015

        Robinson+Cole Lawyers and Staff Volunteer with Junior Achievement

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      • November 3, 2015

        Robinson+Cole Recognized in Benchmark Litigation 2016

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      • October 19, 2015

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • August 18, 2015

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2016

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      • October 30, 2014

        Robinson+Cole Recognized by Benchmark Litigation

      • October 17, 2014

        Robinson+Cole Lawyers Recognized by Super Lawyers

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      • August 19, 2014

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in Best Lawyers National Peer Review Survey

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      • August 6, 2014

        Robinson+Cole Lawyers Included in Benchmark Litigation’s Top 250 Women in Litigation

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      • August 16, 2013

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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      • October 22, 2012

        Super Lawyers® Names 49 Robinson & Cole Attorneys to 2012 List and Recognizes 26 as Rising Stars

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      • August 28, 2012

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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      • July 26, 2012

        Robinson & Cole Attorney Linda L. Morkan Named as One of the Top 250 Women Litigators in the United States

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      • December 16, 2011

        Benchmark Litigation 2012 Recognizes Six Robinson & Cole Attorneys

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      • October 14, 2011

        Five Robinson & Cole Attorneys Selected as “Lawyers of the Year” in Hartford

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      • September 12, 2011

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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      • October 28, 2010

        Benchmark Litigation 2010 Recognizes Four Robinson & Cole Attorneys

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