Our Attorneys

Position: Member
E-Mail pburian@simmonsperrine.com
115 3rd Street SE, Suite 1200
Cedar Rapids, IA 52401-1266
Phone 319-366-7641
Fax 319-366-1917
vCard

Mr. Burian practices primarily in civil litigation, trial in state and federal courts, and alternative dispute resolution. He brings a range of experience in multiple areas of law to his advice and advocacy in complex matters. While his focus is on defending against claims and reducing risk for clients, he also prosecutes plaintiff cases. He enjoys his practice most during trial before juries and judges, but he makes creative opportunities to narrow or resolve disputes when in the best economic interests of his clients.

Mr. Burian is a native of Eastern Iowa. He enjoys spending free time by participating in a variety of civic and philanthropic activities with his family. He brings a diverse array of personal, military, and hands-on work experiences to his practice of law.

PRACTICE AREAS

Personal Injury, Premises and Product Liability. Mr. Burian represents clients in a broad range of cases involving personal injury and wrongful death. Although he successfully handles cases involving unusual facts, representative cases involve claims of negligent operation of motor vehicles or equipment, and claims of defective design or design in commercial and consumer products.

Construction and Design Litigation. Mr. Burian represents engineers, architects, contractors, subcontractors, suppliers and owners in construction and design disputes on public and private construction projects. His experience ranges from allocation of responsibilities in the initial contracting phase to resolution and litigation of matters that arise well after final acceptance of the project.

Commercial Litigation and Business Torts. Mr. Burian represents companies and individuals in cases involving breach of contract, trade secrets, trade marks, breaches of fiduciary duty, interference with contract, and non-competition covenants. The particular subject matters of cases are as diverse as the businesses in the economy, but examples of matters include livestock contracts, use of restaurant names, misappropriation of customer information, land use disputes, and financing torts.

Insurance. Mr. Burian represents several insurance companies. In addition to defending policy holders in all areas of covered claims, Mr. Burian advises insurance carriers on application and interpretation of policies, coverage disputes, business considerations, and strategic analysis of claims before lawsuits are filed.

Health Care Oversight. Mr. Burian represents individuals and organizations providing health care in matters involving administrative oversight. Representative matters include audits of billing procedures and investigations of sentinel events (unexpected patient outcomes) by the Iowa Department of Inspections and Appeals.

Wednesday, December 09, 2009

Phil Burian Receives Westfield's Golden Gavel Award

On December 8, 2009, Westfield Insurance presented Phil Burian with its "Golden Gavel" award for outstanding legal representation, following a successful trial result.

Tuesday, May 19, 2009

Phil Burian Receives Favorable Results in Two Recent Trials

Philip A. Burian has recently received two favorable trial results. Earlier this year, Phil represented an insurance company suing another insurance company for contribution based on settlement of an underlying personal injury lawsuit. The insurer defending against the case claimed that the individual who caused the accident was not an insured based on policy language defining "an insured" and based on an exclusion to the policy. Phil persuaded the court in a bench trial that the other carrier was misapplying its own policy and received a complete ruling in his client's favor.

Just last month, Phil defended an individual in a defamation action brought by a former city manager. The plaintiff claimed that statements made before a city council meeting ultimately caused the plaintiff to be fired and suffer injury to his reputation in the community. The plaintiff claimed in excess of $2.5 million. After a two week trial that often focused on First Amendment protections for speech relating to public officials and matters of public concern, the jury returned a verdict completely in Phil's client's favor.