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Mr. Bussian has a broad, civil trial practice focused primarily on commercial litigation, insurance law, product liability, and real estate litigation. He represents businesses in a wide range of contract and commercial disputes. He handles claims and insurance coverage actions under various insurance products, including directors and officers, commercial general liability, professional liability, and title insurance. He advises clients on insurance matters, including the duty to defend, duty to pay, and handing of claims. Mr. Bussian also represents a variety of product manufacturers in personal injury and product liability matters, including a medical device manufacturer and an industrial pipe and valve manufacturer. He also regularly defends insureds in real estate title disputes.Mr. Bussian has litigated cases in every federal court in Alabama and the Eleventh Circuit and in state court in most of Alabama’s counties. He has tried bench and jury trials to a verdict in north, central, and south Alabama and arbitrated matters to an award through the American Arbitration Association.In addition, Mr. Bussian has been an active participant as the chair or a member of numerous state and local bar committees, including the Tenth Judicial Circuit ad hoc committee on HIPAA (co-chair), the Alabama State Bar’s committee for historical preservation, the Birmingham Bar’s ethics, newsletter (chair), and membership committees, and the Defense Research Institute’s publications subcommittee of the young lawyer’s section.Representative Cases:Product Liability Defended drug manufacturer in cases involving anticoagulants, antiarrhythmic agents, and weight loss medications.Obtained summary judgment for defendant product manufacturer in Alabama circuit court in alleged valve explosion case. Obtained summary judgment for defendant in federal court in Alabama where plaintiff alleged cervical spine plate was defective, causing plate fracture and second cervical spine surgery.InsuranceRepresented trucking company in alleged reimbursement suit by liability insurers arising out of a settlement of a wrongful death action. Represented energy company against five liability insurers for failure to defend and indemnify arising out of catastrophic personal injury suit. Participated in defense of eighteen former directors and current and former officers of healthcare company arising out of alleged accounting fraud scandal against D&O carriers. General/Commercial Litigation Representing ink manufacturer and supplier in alleged breach of long-term supply agreement. Participated in defense of Alabama hospital system in federal court class action brought by putative class of uninsured patients in which motion to dismiss was granted and affirmed by the Eleventh Circuit Court of Appeals. Defended magazine distributor and sweepstakes operator against 209 Alabama opt outs from class action settlement. Real Estate Presently representing developer in right of way condemnation action by adjacent property owners. Representing title insurer in coverage dispute with a lending institution arising out of underlying alleged fraud and lien priority lawsuit. Representing homeowners in disputes with adjacent property owners in public/private right of way disputes. Seminars and Publications: He authored a chapter on mediation and arbitration in Bibb Allen’s treatise on Alabama insurance law, Alabama Liability Insurance Handbook, published by Michie, and has written on various topics for the Birmingham and Alabama State Bar journals. Some of his publications and presentations include: Toolbox speaker on no-fault medical payments coverage under CGL policies at ABA TIPS Insurance Coverage Litigation Mid-Year Meeting in Marina Del Ray, California, Feburary 2006 Alternative Remedies: Mediation and Arbitration, Bibb Allen, Alabama Liability Insurance Handbook (Michie) (Supp. 1999-2006) Coauthor, Standard HIPAA Order in Civil Actions, Birmingham Bar Journal, Fall 2004 and The Alabama Lawyer, September 2004 Coauthor, Civil Procedure Update: A Survey of Recent Case Law Interpreting the Rules, The Alabama Lawyer, March 1997
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