Linda L. Morkan
Counsel
lmorkan@rc.com
280 Trumbull Street
Hartford, CT 06103-3597
Phone: 860-275-8219 Fax: 860-275-8299
Counsel
lmorkan@rc.com
280 Trumbull Street
Hartford, CT 06103-3597
Phone: 860-275-8219 Fax: 860-275-8299
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. |
| — | Hartford Steam Boiler Inspection & Ins. Co. v. Underwriters at Lloyd's & Cos. Collective 271 Conn. 474 (2004) Trial court's order remanding matter to arbitral panel for purpose of providing findings of fact to support award rendered in favor of client syndicate not error. |
| — | 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. |
| — | 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. more details |
| — | Defended insurer against reinsurer's unsuccessful application to vacate arbitration award on factual grounds. |
| — | 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 | |
| — | Represents 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. more details |
