M. Jansen Voss

Jansen Voss has developed a diverse defense litigation and appellate practice in both state and federal courts in Alabama and Mississippi. He represents a wide range of businesses and individuals involved in complex personal injury and wrongful death lawsuits, as well as business disputes and breach of contract matters. Jansen helps small businesses with business formation and transaction matters, as well as contract drafting and risk management, in addition to his representation of businesses facing EEOC complaints, employee discrimination lawsuits, and Americans with Disabilities (ADA) complaints.

Jansen regularly represents mental health facilities, psychiatrists and psychologists with business matters, regulatory issues, risk management and lawsuits. His representation also includes doctors, nurses, and other health care professionals in medical malpractice lawsuits, handling matters before professional licensing boards – including the Alabama Board of Medical Examiners, Alabama Board of Nursing, and the Alabama Board of Examiners in Counseling. Additionally, Jansen advises social service providers and nonprofits that include child care providers and churches, and represents insurance agents, brokers and carriers involved in lawsuits related to negligent failure to procure insurance, bad faith and coverage issues.

Practice Areas:

• Business and Commercial Litigation
• Civil Litigation
• Drug and Medical Device
• Health Care
• Insurance
• Insurance Coverage
• Labor and Employment
• Professional Liability and Medical Malpractice

Education:

• Birmingham-Southern College, 2002, Bachelor of Arts, History (Dean's List; Fine Arts Scholarship; Transfer Scholarship)
• University of Alabama Manderson Graduate School of Business, 2006, Master of Business Administration
• University of Alabama School of Law, 2006, J.D. (Bench and Bar Legal Honor Society; Research Editor, Developmental Editor, Junior Editor, Law & Psychology Review; Law School Senator, University of Alabama Student Government Association; Senate Academic Affairs Committee, Student Government Association; Jerome A. Hoffman Student Leadership Award) 

Representative Experience:

• After being assigned a case by an insurance carrier and instructed to simply settle it with the plaintiffs for the $2 million policy limit, Defense counsel successfully applied a damages cap applicable to public nonprofit entities. The plaintiffs’ recovery was limited to $200,000 – a savings to the insurance carrier of $1.8 million.
• Obtained a summary judgment for a mental health provider in a case where one patient stabbed another patient at an in-patient drug rehabilitation facility. The plaintiff failed to show the defendant knew or should have known that the perpetrator would stab the plaintiff. The dismissal was later affirmed on appeal.
• Obtained a summary judgment and dismissal in favor of a church because the plaintiff failed to show that the church owed a duty to protect the plaintiff from injury, and the plaintiff failed to proffer sufficient evidence supporting respondeat superior liability.
• Obtained a summary judgment and dismissal for a mental health provider involving the death of an inmate in a county jail. The plaintiff alleged that the mental health center’s failure to care and treat the plaintiff for severe mental health issues immediately prior to her incarceration caused and contributed to her death. The plaintiff failed to proffer sufficient expert testimony to support the medical malpractice claim.
• Obtained a partial summary judgment for a nonprofit, leaving only a claim for wrongful commercial appropriation of the minor plaintiffs’ image. The plaintiffs claimed the defendants wrongfully published a picture of the plaintiffs’ minor children. The causes of action included breach of contract, fraud, libel, conversion, breach of privacy and HIPAA violations.
• Resolved a $6.6 million tornado property damage claim for less than the cost of defense. An extensive pre-suit investigation revealed pre-existing structural damage pre-dating the tornado. With regard to their methods and engineering principles, the plaintiff’s experts’ credibility was also called into question.
• Successfully defended a prison mental health provider against numerous § 1983 claims with no cases surviving the initial Motion to Dismiss/Special Report phase.
• Obtained the dismissal of an Alabama Board of Examiners in Counseling complaint against a therapist accused of sexual contact with former clients and other inappropriate behavior.
• Obtained a summary judgment for an insurance agent in a lawsuit alleging the insurance agent failed to procure appropriate insurance coverage and failed to timely report a loss resulting in extensive mold and water damage to the insureds’/plaintiffs’ home. Defense counsel argued that the insurance agent did not voluntarily assume a duty to inspect the loss or oversee the adjustment of the loss. Defense counsel further argued that the insureds/plaintiffs were guilty of contributory negligence, and that the insurance agent was not guilty of wantonness or fraudulent misrepresentation.
• Obtained a summary judgment in favor of a religious organization in a lawsuit alleging the organization libeled and slandered the plaintiff in an article published in a religious publication. The trial court found the publication was not an agent of the religious organization and was not controlled by the organization. The trial court held the organization had no control over articles published in the publication. The trial court further held the article at issue was not defamatory as a matter of law.
• Obtained a partial summary judgment in favor of a community mental health provider and a psychiatrist. A woman was murdered by her husband shortly after he was discharged from an in-patient psychiatric facility. The court granted Defense counsel’s motion for summary judgment on the plaintiff’s negligent hiring, training and supervision claims, as well as wantonness claims.

Professional and Community Involvement:

• Alabama State Bar: Member; Future of the Profession Task Force (2016-2017); Lawyer University Task Force (2016-2017); Leadership Forum (2015)
• The Mississippi Bar: Member
• Defense Research Institute (DRI): Member
• Alabama Defense Lawyers Association (ADLA): Member
• Birmingham Bar Association: Member; Mentor Program (2016-2017); Entertainment Committee (2014-Present); Future Leaders Forum Committee Member (2015-2016); Future Leaders Forum (2014); Crisis Relief Committee (2013-2014)
• Birmingham Inns of Court: Member
• Jefferson, Blount, St. Clair Mental Health Authority: Executive Committee of the Board (2017-Present); Member, Board of Directors (2011-Present)
• LifeSouth Community Blood Centers: Member, Board of Directors (2016-Present)
• PreSchool Partners: Member, Junior Board (2011-2017)
• Junior Achievement of Greater Birmingham: Volunteer Teacher (2009-2011)

Awards and Recognition:

• AV® Preeminent Peer Review Rating from Martindale-Hubbell

Publications and Presentations:

• Presenter, Business Strategy for Lawyers and Law Firms, Alabama State Bar Annual Meeting (July 2017)
• Lecturer, Medical Malpractice for Patient Assaults, Murders and Suicides, Alabama Psychiatric Physicians Association’s Spring Conference (April 2017)
• Panelist, Business of Being a Lawyer, CLE seminar, University of Alabama School of Law (August 2015)
• Presenter, Medical Records and Medical Malpractice Seminar, Woodrow Healthcare’s Home Health and Hospice Conference (September 2014, September 2015)
• Presenter, Mental Health Malpractice Seminar, Alabama Counsel of Community Health Boards annual conference (May 2011, May 2013)
• Guest Lecturer, Civil Mediation, Cumberland School of Law (September 2012)
• Guest Lecturer, Civil Mediation, Birmingham School of Law (June 2012, March 2014, July 2014)
• Presenter, Medical Malpractice for Psychiatrists (Grand Rounds presentation), University of South Alabama School of Medicine, Department of Psychiatry (November 2011)
• Presenter, Mock Trials, Continuing Education seminar, CEU Institute (October 2011)
• Presenter, Mental Health Malpractice Seminar, Capitol Care South (June 2011)
• Presenter, Mental Health Malpractice Seminar, Alabama Association of Behavior Analysis annual conference (November 2010)

Admissions: