Daniel C. Gibson
Dan Gibson is a litigation partner and co-chair of Bricker & Eckler’s appellate practice group. His practice focuses primarily on appeals, complex and class action litigation, general/commercial litigation and administrative law. Dan has substantial experience in defending financial institutions in consumer litigation, prosecuting hospital Medicare reimbursement appeals in federal court, and litigating business and property disputes in the energy and oil and gas industries.
With an emphasis on dispositive motion practice, appellate brief writing, and oral advocacy, Dan has developed a reputation as a first-class litigator at both the trial and appellate stages in state and federal courts throughout Ohio and beyond. He has appeared before the United States Courts of Appeals for the Sixth, Seventh and D.C. Circuits, before the Ohio Supreme Court, and before all but two courts of appeals in the State of Ohio, as well as before numerous federal and state trial courts.
Examples of Dan’s representative experience include:
- On behalf of a group of teaching hospitals, challenging in the D.C. Circuit a decision of the Secretary of HHS to selectively acquiesce in another circuit court’s decision in a manner adversely affecting the hospitals’ Medicare reimbursement
- Defending a large national bank and mortgage loan servicer before the United States Court of Appeals for the Sixth Circuit in a dispute over the scope and application of Civil Rule 13’s compulsory counterclaim mandate
- Representing a large teaching hospital before the United States Court of Appeals for the Seventh Circuit in a challenge to the validity of certain HHS regulations under the Patient Protection and Affordable Care Act
- Acting as special counsel for the attorney general in the representation of the State of Ohio and Department of Natural Resources in an inverse condemnation class action dispute over the boundary between private and public property along Ohio’s Lake Erie coast
- Serving as trial and appellate counsel to a global financial institution in district court and before the United States Court of Appeals for the Sixth Circuit in a dispute over the interpretation of various provisions of the Truth in Lending Act and the Real Estate Settlement Procedures Act
- Representing a manufacturer before the Ohio Supreme Court in an appeal from the Public Utilities Commission of Ohio involving the procedural implications of ultra vires commission actions
Prior to joining Bricker & Eckler, Dan served as associate director of the Civil Justice Reform Project at the Hudson Institute in Washington, D.C.
Secured a $42 million court award for three Ohio school districts
Secured $42 million judgment, plus interest, for Cleveland, Dayton and Toledo city school districts after the Ohio Department of Education unlawfully deprived the districts of the funding they were entitled to receive. For more details, please view Bricker’s full recap of the case.
Oil and gas transactions and disputes
Provide Ohio-specific legal counsel to Gulfport Energy Corporation on a variety of transactional and litigation matters primarily involving title issues and oil and gas lease disputes, including several appeals.
OPSB certificate for Ohio wind project
Represented 6011 Greenwich Windpark before the Ohio Power Siting Board. In August 2014, the OPSB granted the project a certificate to construct and operate a 60-megawatt wind project in Huron County, Ohio. The firm continued to represent the project against a landowner opposition group, culminating in a successful dismissal of the challenge at the Ohio Supreme Court.
Unanimous ruling against controversial ballot issue
Represented the Ohio Renal Association and defended against a controversial ballot issue related to the provision of dialysis services, receiving a favorable 7-0 ruling from the Ohio Supreme Court. The petitioners, who represented out-of-state interests, collected signatures to place an industry-altering price control measure in the form of an amendment to the Ohio Constitution on the November 2018 ballot. However, using state-of-the-art technology built by the firm, as well as the experience of numerous attorneys, Bricker's legal team proved that the petitioners violated Ohio law, disqualifying the issue from voter consideration. From reviewing ballots, analyzing petition signatures and serving as county counsel with local boards of elections to researching and analyzing the applicable laws and representing the client before the Court, more than 80 Bricker team members played a role in this substantial victory.
Expiration of oil and gas leases
Represented oil and gas clients in various Ohio appellate courts, including the Ohio Supreme Court and various intermediate appellate courts regarding expiration of leases.
DMA amicus briefs
Filed amicus briefs on behalf of oil and gas clients in various Ohio appellate courts regarding the Ohio Dormant Minerals Act, including the Ohio Supreme Court.
Medicare reimbursement matters
Represent large teaching hospitals and other non-teaching hospitals on Medicare reimbursement matters and cost report appeals, which include appeals of administrative agency decisions and various court appearances.
Ohio Dormant Minerals Act appeals
Represented oil and gas clients in various Ohio appellate courts, including the Ohio Supreme Court and various intermediate appellate courts regarding Ohio Dormant Minerals Act appeals.
Private arbitration for pharmaceutical developer
Represented a pharmaceutical developer in a private arbitration, securing an award of over $1 million, including attorney fees, against a global pharmaceutical manufacturer.
Amicus in support of HHS interpretive rule
Prepared an amicus brief on behalf of the American Hospital Association in support of the U.S. Department of Health and Human Services (HHS) interpretive rule providing guidance on the scope of the exclusion of orphan drugs from 340B discounts.
Professional & Community Activities
- Member, American Health Lawyers Association, Regulation, Accreditation, and Payment Practice Group
Bar Admissions & Activities
- Admitted, Supreme Court of the United States
- Admitted, Supreme Court of Ohio
- Admitted, United States Court of Appeals for the District of Columbia Circuit
- Admitted, United States Court of Appeals for the Sixth Circuit
- Admitted, United States Court of Appeals for the Seventh Circuit
- Admitted, United States District Court for District of Columbia
- Admitted, United States District Court for the Northern District of Ohio
- Admitted, United States District Court for the Southern District of Ohio
- Member, Columbus Bar Association
Awards & Recognition
- Rising Star, Ohio Super Lawyers (Appellate; Civil Litigation: Defense; Class Action/Mass Torts: Defense), 2013–2020
- Champion, Stanford Law School Marion Rice Kirkwood Moot Court Competition, 2005
- Stanford Law School (J.D., 2005)
- Davidson College (B.A., cum laude, 2002)
Ohio Courts of Appeals affirm authority to conduct land surveys for natural gas pipeline projectMore
U.S. Supreme Court decision may undercut recent PUCO decisions approving ratepayer-subsidized power purchase agreements for Ohio utilitiesMore
Bricker attorneys listed by Super Lawyers for 2020
The 2020 Super Lawyers list of outstanding lawyers includes 31 Bricker attorneys, representing four of the firm’s office locations and 13 areas of practice. Notably, this year’s list includes four newly-listed attorneys, and three attorneys were named to “Top Lists” for Ohio.More Nov 27, 2019
Ohio Supreme Court unanimously rules in favor of Bricker client and against ballot issue
Representing the Ohio Renal Association and defending against a controversial ballot issue related to the provision of dialysis services, Bricker & Eckler recently received a favorable 7-0 ruling from the Ohio Supreme Court.More Aug 14, 2018
Bricker attorneys named 2017 Ohio Super Lawyers
Continuing the firm’s trend of excellence and distinction, 43 Bricker & Eckler attorneys have been selected for inclusion in the 2017 Ohio Super Lawyers list. Notably, this year’s list includes four newly-listed attorneys. Additionally, four attorneys were named to “Top Lists” in Ohio.More Dec 15, 2016