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Russell Buffkin, distinguished attorney in action.
Preeminent Martindale Hubbell

Russell C. Buffkin

Helmsing, Leach, Herlong, Newman & Rouse, P.C.

With more than 20 years of experience as a litigator, Russell focuses on complex civil litigation with an emphasis on personal injury, product liability and medical malpractice defense.  His practice encompasses a broad scope and includes defending product manufacturers, professional malpractice defense, construction related litigation, extra-contractual and bad faith insurance defense, and complex commercial litigation.  Most of the cases Russell handles are catastrophic injury or wrongful death cases, but even small claims are defended with the same vigor and attention to detail.  Russell has tried several cases to verdict in Alabama and has numerous reported decisions on issues decided by the appellate courts.  

Russell is active in the Mobile community, serving as a Board member for St. Paul’s Episcopal School and the Cawthon Foundation. He is also a former Board member of the: Wilmer Hall Children’s Home, State of Alabama Prepaid Affordable College Tuition (PACT) Program, Alabama 529 Fund and MCS Real Estate Company.  He has also served as a Vestry member at his church, St. Paul’s Episcopal Church.  

Russell is married to Mollie (Smith) Buffkin, an interior decorator in Mobile, and they have three wonderful children. Beyond practicing law, Russell is an avid outdoorsman and enjoys supporting his children in their various activities, attending Alabama sporting events, playing golf, and spending time at the beach with his family. 

Areas of Focus

A large component of Russell’s current practice is medical malpractice defense representing the largest healthcare system in South Alabama with multiple hospitals and facilities in Mobile and Baldwin counties. These high-stake cases typically involve significant catastrophic injuries or deaths, with complex discovery that often leads to contentious disputes. When necessary, appeals or writs of mandamus has been filed to preserve the rights of his clients. Russell’s recent trials have been in this area of practice.

Throughout his career, Russell has represented manufacturers, distributors, and retailers across many industries, including: pharmaceutical, medical device, aviation, railroad, watercraft, recreational vehicles, trucking, chainsaws, power tools, construction products, home appliances, exercise equipment, and other products that have led to injuries.  These cases have been pending in state and federal court in Alabama and throughout the United States, but mainly in the Southeast. 

In addition to personal injury, product liability, and medical malpractice defense, Russell has regularly handled construction-related matters.  He has represented developers, general contractors, sub-contractors, engineers, architects, building product manufacturers and suppliers in all aspects of construction and real estate disputes.  This has included enforcing or challenging construction (i.e., mechanics) liens. 

Because of Mobile’s proximity to the Gulf of Mexico, Russell has considerable experience representing insurance companies related to the many challenges they face after hurricanes and other natural disasters.  He has successfully defended numerous extra-contractual and bad faith cases for multiple insurance companies on these and other litigated issues.    

Russell’s practice also involves counseling clients on employment matters, ranging from on-the-job injuries to enforcement of non-compete agreements.  This has led to litigation involving preliminary and permanent injunctions as well as other equitable relief.  He has also handled worker’s compensation matters before and after litigation.  

During his career, Russell has had the privilege of being involved in numerous mass tort and multi-district litigation cases, serving on the national counsel team as well as being state or local counsel.  The Helmsing Leach firm’s mass tort and MDL clients include several of the world’s largest drug and medical device manufacturers.  Russell also served on the in-state litigation team representing one of the primary defendants in the Deepwater Horizon oil spill in the Gulf of Mexico litigation.  These types of cases have been pending in some of the most challenging venues. 

Russell is active in the: International Association of Defense Counsel, Trial Attorneys of America, Defense Research Institute, Alabama Defense Lawyers Association, Mobile Bar Association, and the Alabama State Bar.  Russell is AV-rated by Martindale, and has been selected to Super Lawyers and Best Lawyers since 2012 and 2013, respectively. 

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Significant Cases

Russell has handled several hundred cases of various types throughout his career. During this time, he has had numerous reported opinions or other significant decisions in cases where he represented one of the parties. Below are some of the reported decisions as well as some of the significant outcomes or representative cases in which he was involved.

Reported Cases:

Case Category or Practice Area

Significant Cases

Case 1

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Case 2

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Case 3

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Speeches & Presentations

Short Circuit Update for the 11th Circuit (Presented to the Trial Attorneys of America in Chicago, IL, June 2023)

Short Circuit Update for the 10th and 11th Circuit (Presented to the Trial Attorneys of America in Chicago, IL, June 2022)

Various presentations to nurses and other healthcare professionals at Mobile Infirmary and Thomas Hospital

Navigating the Medicare Reporting Minefield – A Practitioner’s Guide to Settlement with a Medicare Beneficiary, The Alabama Lawyer, Vol. 71, No. 3 (May 2010)

Medicare Secondary Payor Act (presented to the Trial Attorneys of America in Chicago, IL – 2010)

Construction Project Problems and Lien Law in Alabama (at program sponsored by Ferguson Enterprises to the Mobile Chamber of Commerce – March 2008)

The Attorney-Client Privilege: Production Logs, Waiver, and Other Issues (presented to the Trial Attorneys of America in Chicago, IL – June 2007)

Construction Lien Law in Alabama (presented through Lorman in Mobile, AL – August 2006 and August 2007)

Non-Competition Clauses in Law Firm Partnership Agreements: How Far Can Partnership Agreements Control Future Conduct of Lawyers, 23 J. Legal Prof. 325 (1999)