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Gosselin, case in discovery phase of suit
By Jonathan Starkey
Staff Reporter
When Indian River School District’s insurer sued the district in mid-April for legal fees accumulated after the board denied a proposed settlement in the Dobrich/Doe prayer suit, district officials hired Jason Gosselin — a Philadelphia lawyer whose practice focuses mainly on insurance suits — to represent them in the case.
On May 18, the Drinkle, Biddle and Reath attorney assumed the role of the district’s lead attorney on the prayer suit, relieving insurance agency-appointed attorneys John Balaguer and John Cafferky.
Gosselin and two associates from his firm are in the discovery phase of the lawsuit, interviewing potential witnesses in the trial and gathering evidence. First, he said, the attorneys are performing discovery on the school board prayer portion of the case before delving into the remainder issues of the case, including school-sponsored Bible clubs and teachers preaching “one true religion.”
The deadline for the discover phase of the case is in early January 2007, and a jury trial in a Wilmington federal court is set for June 4, 2007.
“He’s been excellent,” Indian River School Board President Charles Bireley said of Gosselin. “He’s keeping us informed about everything that happens. Hopefully, things will be looking up soon.”
Gosselin said that, though his practice focuses mainly on insurance cases, he occasionally takes First Amendment cases out of personal interest. The Philadelphia attorney works in affiliation with the Rutherford Institute but is not representing the largely conservative religious-rights organization on the Indian River suit.
“These are the issues of the day that will have a far-reaching impact,” Gosselin said. “It’s a case of important public interest. That’s why I wanted to be involved. Their (original) lawyers were provided by the insurance companies. They wanted a lawyer that understands their concerns.”
Board member Donald Hattier said in an earlier interview that Balaguer and Cafferky — who allegedly told the board to accept the settlement — were “nice lawyers, but they weren’t representing us.”
When the district hired Gosselin, Thomas Neuberger — another Rutherford affiliate, formerly representing board member Reginald Helms on the prayer suit — said: “The big boys are coming in now. The ACLU now has a world-class law firm to face.” He enthused, “The rape of the Indian River School Board will stop. This is good news for the people of the Indian River School District,” Neuberger said.
The plaintiffs in the prayer suit are being represented by Thomas Allingham, an American Civil Liberties Union-cooperating attorney.
In a May opinion, U.S. District Court Judge Joseph Farnan dismissed Neuberger from the case because Helms is no longer listed as an individual defendant. The board remains a defendant in the suit and is being sued as an entity by the Dobriches and another unidentified family for a violation of First Amendment rights.
On June 2, Farnan issued an answer to an appeal filed by Helms, upholding the Neuberger dismissal.
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