Susanna M. Moldoveanu
Susanna practices in the firm’s Pharmaceutical, Medical Device and Healthcare Group and focuses her practice on product liability law, drug and medical devices, and appellate matters. Most recently, she has served as a lead motion coordinator for a major medical device company in what was at the time the largest MDL in the country. She was selected as one of Law360’s 2022 Rising Stars (Life Sciences) and has been recognized by Best Lawyers in America®. She has successfully defended drug and medical device companies in appeals in the Fourth, Fifth, Sixth, Seventh, Eighth, and Eleventh Circuit Courts of Appeal.
Biography – View PDF Bio
- About Susanna
- Bar Admissions
- Education & Honors
- In the News
- Papers, Presentations, & Publications
Susanna has served as a lead motions coordinator for the Pelvic Mesh Product Liability Litigation and Hernia Mesh Product Liability litigation. In that role, Susanna has written and overseen the preparation of briefs through the entire life cycle of the litigation, from initial pleadings through discovery motions, summary judgment motions, expert motions, and appeal. That includes coordination of “wave” motions practice, which required the filing of thousands of summary judgment motions, Daubert motions, responses, and replies over a 3½ year period.
Susanna also has an active appellate practice. She has represented clients in dozens of appeals in federal courts of appeals across the country. She recently obtained a ruling in a pelvic mesh case affirming summary judgment on a failure to warn claim and rejecting an exception to the learned intermediary doctrine in Salinero v. Johnson & Johnson, 995 F.3d 959 (11th Cir. 2021). Drug and Device Law Blog named this ruling one of “The Ten Best Prescription Drug/Medical Device Decisions of 2021.” See also “No ‘Financial Bias’ Exception to Learned Intermediary Rule in Florida – or Anywhere Else,” Drug and Device Law Blog, May 7, 2021. She also obtained a ruling in a pelvic mesh case affirming summary judgment on the basis of the statute of repose in Clabo v. Johnson & Johnson Health Care Systems Inc. et al., 982 F.3d 989 (6th Cir. 2020). See “J&J Prevails In Tenn. Woman’s Pelvic Mesh Suit At 6th Circ.,” Law360, December 14, 2020; “Tennessee State of Repose Shuts Down Pelvic Mesh Case,” Drug and Device Law Blog, January 6, 2021.
Susanna is active in Products Liability Advisory Council (PLAC) and Defense Research Institute (DRI), as well as a number of national and state bar associations. She also served as an Adjunct Professor at Mississippi College School of Law (2009-2010).
She frequently writes and speaks about product liability litigation. For example, in 2020, she co-authored “Mass Torts in the United States,” Chapter 6 – Management of Mass Torts by the Judiciary, American Bar Association. She also has authored a number of articles for Butler Snow’s publication for the pharmaceutical, medical device and healthcare industries, Pro Te: Solutio. In 2018, she spoke at the IADC Mid-Year Meeting on “Personal Jurisdiction Post-Daimler: State of Law and Strategy.”
Susanna obtained her J.D., magna cum laude, from the University of Mississippi and her B.A. from Yale University. Following law school, she clerked for Judge Southwick of the U.S. Court of Appeals for the Fifth Circuit. She is admitted to practice in Mississippi, Tennessee, Louisiana and New York.
- Mississippi, 2011
- Tennessee, 2011
- Louisiana, 2011
- New York, 2010
- U.S. District Courts
- Mississippi: Northern, Southern
- Louisiana: Eastern, Middle, Western
- Tennessee: Western, Eastern
- U.S. Court of Appeals
- 1st Circuit
- 2nd Circuit
- 3rd Circuit
- 4th Circuit
- 5th Circuit
- 6th Circuit
- 7th Circuit
- 8th Circuit
- 9th Circuit
- 11th Circuit
- U.S. Supreme Court
- Best Lawyers in America®
- Ones to Watch, Product Liability Litigation – Defendants, 2021-2022
- Adjunct Professor, Mississippi College School of Law, 2009-2010
- University of Mississippi, J.D., magna cum laude, 2009
- Editor-in-Chief, Mississippi Law Journal, 2008-2009
- Moot Court Board Member
- Yale University, B.A., English, 2006
- Clerkship, Honorable Leslie H. Southwick, U.S. Court of Appeals for the Fifth Circuit, 2009-2010
- Lead motions team in Pelvic Mesh Products Liability Litigation, including In re: Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation, MDL No. 2327, United States District Court for the Southern District of West Virginia; In re: Pelvic Mesh/Gynecare multicounty litigation (New Jersey)
- Lead motions team in Hernia Mesh Products Liability Litigation, including In re: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation, MDL No. 2782, United States District Court for the Northern District of Georgia; In re: Proceed Mesh multicounty litigation (New Jersey)
- Susanna has successfully defended drug and medical device companies in appeals in the Fourth, Fifth, Sixth, Seventh, Eighth, and Eleventh Circuit Courts of Appeal, including:
- Donaldson v. Johnson & Johnson, — F.4th –, 2022 WL 2145276 (7th 2022) (affirming summary judgment in a pelvic mesh case for insufficient proof of causation); See “J&J Keeps Victory Over Defective Mesh Claims At 7th Circ.,” Law360, June 15, 2022
- Salinero v. Johnson & Johnson, 995 F.3d 959 (11th Cir. 2021) (affirming summary judgment on failure to warn claim and rejecting exception to learned intermediary doctrine)
- Kelly v. Ethicon, Inc., No. 21-1769 (8th Cir. 2021) (affirming summary judgment under Iowa statute of limitations)
- Clabo v. Johnson & Johnson Health Care Systems Inc. et al., 982 F.3d 989 (6th Cir. 2020) (affirming summary judgment on the basis of statute of repose)
- Nwatulegwu v. Boehringer Ingelheim Pharms., Inc., 2016 WL 4443600 (7th Cir. Aug. 22, 2016) (affirming dismissal for failure to comply with discovery order)
- Weer v. Ethicon, Inc., 2016 WL 1359129 (4th Cir. Apr. 6, 2016) (affirming dismissal for failure to effect service)
- Flores v. Ethicon, Inc. et al., 563 F. App’x 266 (4th Cir. 2014) (affirming dismissal for failure to comply with pretrial orders and denial of motion to remand)
- Huston v. Ethicon, Inc., 585 F. App’x 165 (4th Cir. 2014) (affirming dismissal for failure to comply with pretrial orders)
- Bryant v. Wyeth, Inc., 487 F. App’x 207 (5th Cir. 2012) (affirming summary judgment in favor of drug manufacturer under Mississippi statute of limitations)
- Butler Snow Obtains Defense Verdict as National Counsel in Ethicon Pelvic Mesh Litigation
- Susanna M. Moldoveanu Named Rising Star by Law360
- 237 Butler Snow Attorneys Recognized in The Best Lawyers in America® 2022
- Doctor's financial tie does not overcome Florida's learned intermediary doctrine - 11th Circ - Reuters Legal
- Butler Snow Attorneys Author Chapter for ABA Publication on Mass Torts
- J&J Prevails In Tenn. Woman's Pelvic Mesh Suit At 6th Circ. - Law360
- 198 Butler Snow Attorneys Recognized in The Best Lawyers in America® 2021
- Butler Snow Adds to Memphis Office
- Co-Author, "Out of Time: Bifurcating the Statute of Limitations," Pro Te: Solutio, Vol. 14, No. 4, December 2021.
- Co-Author, "Mass Torts in the United States," Chapter 6 - Management of Mass Torts by the Judiciary, American Bar Association, 2020.
- Co-Author, “Time Flies? A Look Back at the Ten Key FDA Initiatives Over the Past Decade,” Pro Te: Solutio, Vol. 11 No. 1, July 2018.
- Speaker, “Personal Jurisdiction Post-Daimler: State of Law and Strategy,” International Association of Defense Counsel (IADC) Mid-Year Meeting, La Quinta, CA, February 11, 2018.
- Author, “A Jurisdictional Trifecta: The Supreme Court Restores Order on Venue and Jurisdiction," Pro Te: Solutio, Vol. 10 No. 3, October 2017.
- Author, “Norfolk Southern Ry. Co. v. Dolan: The End to Litigation Tourism in the City of St. Louis?” Pro Te: Solutio, Vol. 10 No. 2, July 2017.
- Co-Author, “Personal Jurisdiction Post-Daimler – As Plaintiffs Test Exceptions to Daimler’s Narrow Path, All Eyes on Appellate Courts,” 84 Def. Couns. J. ___ (2017).
- Speaker, “Learning from the Law: Then & Now,” Mississippi Bar’s Women in the Profession Committee’s 23rd Annual Evelyn Gandy Lecture Series, Feb. 20, 2015.
- Author, “2015 Amendments to the Federal Rules of Civil Procedure: What You Need to Know,” Pro Te Solutio, Fall 2015. More...
- Author, “Product Defense and FDA Compliance,” Pro Te: Solutio, Vol. 7 No. 1, 13-19, March 2014.
- Author, “When a Facebook Like Comes Back to Bite: The FDA’s Approach to Social Media,” Pro Te: Solutio, Vol. 6 No. 2, May 2013.
- Author, “Communication To Your Public Relations Firm: Privileged or Not?” Pro Te: Solutio, Vol. 5 No. 3, August 2012.
- Author, "The Challenge of Internet Anonymity: Protecting John Doe on the Internet,” 26 J. MARSHALL J. OF COMPUTERS & INFO. L. 469 (2010).