Jason P. Gosselin

Partner Philadelphia
jason.gosselin dbr.com
Phone: (215) 988-3371
Fax: (215) 988-2757

About

Jason P. Gosselin is a veteran litigator and trial attorney whose national practice involves a wide range of civil litigation, including insurance coverage, commercial disputes, and constitutional freedoms. He has served as lead counsel in multiple jury trials and dozens of arbitrations. Jason also has an active appellate practice and has argued numerous cases in federal and state appellate courts.

Jason represents clients in a wide range of insurance coverage disputes, including claims involving life, health, disability, property and casualty, and transportation insurance policies. Jason also represents insurers in other litigation matters such as bad faith claims, sales practices litigation, ERISA disputes, and class action claims. In addition to representing insurers in litigation, Jason counsels life insurers and annuity issuers with respect to potential exposure arising from unclaimed property audits and related market conduct examinations.

Jason also represents business owners and individuals in a variety of commercial matters, including claims involving breach of contract, employment disputes, nuisance and trespass, and civil racketeering. While an aggressive litigator, he strives to protect his clients from the disruptive and costly impact that litigation can have on business operations. Above all, Jason strives to integrate his clients’ business imperatives into an efficient strategy to tackle their most critical legal problems.

Jason embraces Drinker Biddle’s pro bono commitment. Over the years, Jason has represented indigent clients in numerous matters involving constitutional freedoms, including matters involving free speech in public schools and other non-public forums, religious liberties, legislative prayer, excessive force, and the denial of due process.

Experience

Jason previously taught Insurance Law at Villanova University School of Law and presently serves as vice chair of the firm’s insurance practice.

While his insurance experience is broad, in recent years, Jason has focused on representing life insurers in connection with the often-unrecognized exposure created by the secondary market for life insurance. He has served as national counsel for secondary market litigation to a Fortune 500 financial services company.

Jason has assisted his clients in successfully challenging hundreds of millions of dollars in life insurance policies that were tainted by fraud or lacked an insurable interest at inception. He has also assisted clients in retaining tens of millions of dollars in premium on such policies.

Some of Jason’s successes on behalf of insurers include:

  • A favorable jury verdict in Los Angeles on behalf of a life insurer, where the plaintiff alleged that the insurer denied a multi-million life insurance claim and acted in bad faith.
  • A reversal in the Ninth Circuit Court of Appeals of an order requiring a life insurer to return a premium on fraudulently procured life insurance policy.
  • Summary judgment in favor of a life insurer voiding a $14 million policy on the basis that the policy lacked an insurable interest at inception.
  • A favorable verdict in a bench trial on behalf of a disability insurer, finding that an anesthesiologist who discontinued anesthesia practice after completion of substance abuse treatment was not disabled.

Jason has earned a reputation as an aggressive advocate and is a go-to litigator for many of his clients’ most significant disputes. For example, Jason has successfully represented an electronic publisher in a series of lawsuits brought by a rival publisher alleging violations of the Lanham Act and the federal Computer Fraud and Abuse Act.

One of Jason’s areas of particular focus in the commercial litigation arena has been the defense of civil racketeering claims. The civil remedy afforded by the federal RICO Act is a potent weapon that can significantly increase a client’s financial exposure, and Jason has successfully represented multiple clients facing civil RICO claims, including one matter that went on for more than thirteen years and not only resulted in a favorable decision for the client but the entry of a partial injunction prohibiting future claims against the client.

Jason has also represented clients in claims against former executives for violating non-compete agreements. Jason has successfully resolved non-compete disputes obtaining both monetary and injunctive relief.

As an associate in 2001, Jason was appointed by a federal court to represent a Pennsylvania inmate, who was attacked and gravely wounded by another inmate, in an action against several prison administrators. The inmate claimed that the prison administrators’ “deliberate indifference” to the inmate’s safety and well-being violated his Eight Amendment right against cruel and unusual punishment. Although a jury ultimately found in favor of the prison administrators, this experience sparked Jason’s interest in matters involving constitutional freedoms and in representing those who lack access to the courts due to their financial circumstances.

Since that time, Jason has represented numerous clients, usually pro bono, in matters involving constitutional rights. For example, Jason represented the Cradle of Liberty Council of the Boy Scouts of America in its long-running and highly publicized dispute with the City of Philadelphia, which sought to evict the council from a city-owned building. Asserting that the city’s action was politically motivated and in violation of the council’s First Amendment right to be free from compelled speech, Jason won a jury verdict in federal court and recovered in excess of $900,000 in attorneys’ fees on behalf of the council.

Credentials

Bar Admissions

  • New Jersey
  • Pennsylvania

Education

  • Temple University Beasley School of Law, J.D., 1995, cum laude, Temple Political and Civil Rights Law Review
  • The Catholic University of America, B.A., 1992, magna cum laude

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. District Court, Western District of Pennsylvania

Organizations

  • American Bar Association
  • Philadelphia Bar Association